57Consideration and decision of Minister

57 Consideration and decision of Minister (1) In deciding whether to declare an area or areas to be a licence area, the Minister: (a) must consider the needs and opinions of the residents and the other persons referred to in section 55(1); (b) may conduct the investigations in relation to the application he or she thinks fit; and (c) if the area is or areas are within or in the vicinity of a local incorporated association – must consult with the local government council for the local government area or the incorporated association to ascertain its views regarding the area or areas that the Minister should declare to be a licence area and any other matters relating to the possession, supply and consumption of kava within the proposed licence area that the Minister considers appropriate.

Kava Management Act 1998 30 (2) After due consideration of an application under subsection (1), the Minister may: (a) declare an area or areas in respect of which the application was made to be an area or areas where kava may be sold for consumption; or (b) refuse to declare an area or areas in respect of which the application was made to be an area or areas where kava may be sold for consumption. (3) A declaration under subsection (2)(a) may be made in respect of: (a) the area or areas of land described in the application; or (b) an area or areas of land that is equal to, greater than or less than the area or areas described in the application and that includes or include a substantial part of the area or areas described in the application. (4) A declaration under subsection (2)(a) does not take effect until notice of the declaration is published in the Gazette in accordance with section 58(1).