Booze ban message unclear

Published: 5:44PM Friday May 30, 2003

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Hundreds of people fined during a clampdown on drinking at holiday spots may be entitled to a refund.

It has emerged the Tauranga Council did not advertise its new drinking ban correctly, and police have stopped enforcing it until it is sorted out.

Nearly 600 revellers have been convicted under Tauranga's liquor ban which came into force last year.

Tauranga mothers Erin Anderson and Gemma Aldcroft, who were fined $230 each for drinking outside a hotel, are angry they will have to hire a lawyer to get their money back and records cleared.

"At the time it was a huge amount of money and I paid it off, but there's certainly no way I can afford a lawyer for this," Aldcroft said.

The council was to run three newspaper advertisements publicising the ban but only two appeared, leading police to release a statement on Friday.

"As a result of a legal opinion received from Crown Law, the police will be taking no further action as relates to breaches of the liquor bylaw," the statement said.

"The police said they acted in good faith in enforcing the ban."

Tauranga Mayor Jan Beange refused requests for comment until after a police briefing next week.

Wellington law lecturer John Miller said all 590 people can apply for a rehearing.

"There's an alternative - you could apply to the Governor General for a pardon, which seems a bit excessive and puts you in the Arthur Allan Thomas category," Miller said.

In the meantime there is no liquor ban in place in Tauranga but the council is now working to draft another one.

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