gambling act 2003 no 51 _(as at 07 july 2010_), public act – new zealand legislation
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ew Zealand Legislation: ActsActs are laws made by Parliament
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Reprint
as at 7 July 2010
Gambling Act 2003Public Act 2003 No 51
Date of assent 18 September 2003
Commencement see section 2
ote
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material
about this reprint.
This Act is administered by the Department of Internal Affairs .
ContentsTitle
Part 1
Preliminary provisions
Commencement
Purpose
Interpretation
Meaning of conducting gambling
Multi-terminal and multi-player gaming machinesMeaning of significant influence in cas ino
Secretary may s eek information to ass ess influence
Part 2
Gambling
Subpart 1Prohibitions and authorisations
Gambling prohibited
No more casinos
No increase in casino gambling
What is increase in cas ino gambling
No compensation
Legality of gambling contracts
Providing credit for gambling prohibited
Advertising overseas gambling prohibited
Regulations may specify property that must not be us ed to reward winners
Sales promotion schemes authorised
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Offences
Subpart 2Classes of gambling
Overview
Overview
Secretary may categorise gambling
Class 1 gambling
Meaning of class 1 gamblingNo licence required
Class 2 gambling
Meaning of class 2 gambling
Requirements for class 2 gambling
No licence required
Class 3 gambling
Meaning of class 3 gambling
Requirements for class 3 gambling
Existing licences class 3 operators licences
Class 4 gambling
Meaning of class 4 gambling
Requirements for class 4 gambling
Existing gaming machine licences and site approvals
Status of New Zealand Racing Board and racing clubs
Meaning of casino gambling
Subpart 3Licens ing of class 3 gambling
Applications for class 3 operators licence
Application for class 3 operators licenceSecretary must investigate applicant for class 3 operators licence
Grant of class 3 operators licence
Grounds for granting class 3 operators licence
Content and conditions of class 3 operators licence
Significant changes in relation to class 3 operators licence must be notified
Change of purpose and winding up provisions of holder of class 3 operators licence ineffective without
approval
Renewal or amendment of class 3 operators licence
Renewal of class 3 operators licence
Amending class 3 operators licence
Suspension, cancellation, or refusal to amend or renew class 3 operators licence
Suspension or cancellation of class 3 operators licence
Procedure for suspending, cancelling, or refusing to amend or renew class 3 operators licence
Consequences of suspension, cancellation, or refusal to amend or renew class 3 operators licence
Appeal to Gambling Commission regarding class 3 operators licence
Consequences of appeal regarding class 3 operators licence
Other matters
Surrender of class 3 operators licence
Class 3 operators licence not transferable
Subpart 4Licens ing of class 4 gambling
Applications for class 4 operators licence
Application for class 4 operators licence
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Secretary must investigate applicant for class 4 operators licence
Grant of class 4 operators licence
Grounds for granting class 4 operators licence
Content and conditions of class 4 operators licence
Significant changes in relation to class 4 operators licence must be notified
Change of purpose and winding up provisions of holder of class 4 operators licence ineffective without
approval
Renewal or amendment of class 4 operators licence
Renewal of class 4 operators licence
Amending class 4 operators licence
Suspension, cancellation, or refusal to amend or renew class 4 operators licence
Suspension or cancellation of class 4 operators licence
Procedure for suspending, cancelling, or refusing to amend or renew class 4 operators licence
Consequences of suspension, cancellation, or refusal to amend or renew class 4 operators licence
Appeal to Gambling Commission regarding class 4 operators licence
Consequences of appeal regarding class 4 operators licence
Other mattersSurrender of class 4 operators licence
Class 4 operators licence not transferable
Applications for class 4 venue licence
Application for class 4 venue licence
Secretary must investigate applicant for class 4 venue licence
Grant of class 4 venue licence
Grounds for granting class 4 venue licence
Determining suitability for class 4 venue licence
Form and content of class 4 venue agreementContent and conditions of class 4 venue licence
Significant changes in relation to class 4 venue licence must be notified
Renewal or amendment of class 4 venue licence
Renewal of class 4 venue licence
Amending class 4 venue licence
Suspension, cancellation, or refusal to amend or renew class 4 venue licence
Suspension or cancellation of class 4 venue licence
Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence
Consequences of sus pens ion, cancellation, or refusal to amend or renew class 4 venue licenceAppeal to Gambling Commission regarding class 4 venue licence
Consequences of appeal regarding class 4 venue licence
Other matters
Surrender of class 4 venue licence
Class 4 venue licence not transferable
Complaints to Secretary
Certain information must be displayed at class 4 venue
Obligation on disposal of gaming machines
Prohibition on certain gaming machines in class 4 venue
Disabling gambling equipment and electronic monitoring of gaming machines
Disabling gambling equipment
Holder of class 4 operators licence must connect to electronic monitoring sys tem
Functions of electronic monitoring s ystem
Secretary may select monitor
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Particular limits on numbers of gaming machines
Notification required
Register of class 4 venue licences must be maintained
No compensation
Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001
Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but
before commencement
Limit on number of gaming machines for venue with venue licence granted after commencement
Ministerial discretion to permit more gaming machines if clubs mergeMinisterial discretion to permit more than 9 machines at certain class 4 venues
Power to issue, renew, or amend class 4 licence may be overridden
Territorial authority consent
When territorial authority consent is required
Application for territorial authority consent
Considering and determining application for territorial authority consent
Territorial authority must adopt class 4 venue policy
Adoption and review of class 4 venue policy
Provision of information relating to class 4 venues in territorial authority district
et proceeds and costs of class 4 gambling
Gaming machine profits must be banked
Interest, etc, on gaming machine profits
Corporate society must apply or distribute net proceeds from class 4 gambling to or for authorised purpos e
Corporate society must provide annual report to Secretary
Contents of annual report
Annual review of criteria for distribution of net proceeds
Publication requirements for corporate societies
Application or distribution of net proceeds when corporate society ceases class 4 gambling
Orders regarding application or distribution of net proceeds
Key persons must not be involved in certain activities or decisions
Regulations regarding application or distribution of net proceeds from class 4 gamblingPayment of commission prohibited
Secretary may limit or exclude costs of corporate society
Secretary may investigate and audit licensees, grant recipients , and businesses at class 4 venues
Certain persons must not s eek, receive, or offer benefits with conditions attached
Subpart 5Licensing of casino gambling
General provisions
Requirements for casino gambling
Racing betting and sports betting in casinos
Casino branding
Existing casino licences and agreementsDirections as to operating casinos
Suitability requirements
Gambling Commission must investigate application concerning casino licences
Mortgage or assignment of cas ino licence
Casino licence not transferable
Casino operators licence
Application for casino operators licence
Consideration of application
Grant of casino operators licence
Expiry of casino operators licence
Casino venue agreements
Approval of casino venue agreement
Consideration of application
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Renewal of casino venue licence
Application for renewal of casino venue licence
Process for determining applications for renewal
Information and matters to be cons idered
Renewal of casino venue licence
Expiry of cas ino venue licence
Amendment of casino licence
Conditions of cas ino licenceProcedure for specifying, varying, or revoking cas ino licence conditions
Minimum operating standards in casino licences
Procedure for specifying, varying, or revoking minimum operating standards
Appeal to Gambling Commission
Suspension, cancellation, and surrender of casino licence
Suspension or cancellation of casino licence
Procedure for suspending or cancelling casino licence
Notification of suspension and cancellation
Surrender of casino licence
Appeal against cancellation or suspension
Associated persons
Approval for associated persons required
Appeal to Gambling Commission
Responsibilities of person who acquires significant influence without approval
Licensee to seek prior approval
Responsibility of licensee aware of person with significant influence
Affected transactions
Review of associated persons by Secretary
Actions that may be taken by Gambling Commission
Certificates of approvalExisting certificates of approval
Certain casino employees must be approved
Application for certificate of approval
Secretary must investigate application for certificate of approval
Information and matters that Secretary may take into account
Refusal of application for certificate of approval
Issue of certificate of approval
Expiry of certificate of approval
Commencement of duties before issue of certificate of approval
Application for suspension or cancellation of certificate of approval
Making and revoking order suspending or cancelling certificate of approval
Secretary must notify cas ino
Surrender of certificate of approval
Restriction on holder of certificate of approval
Appeal to Gambling Commission regarding certificate of approval
Operation of casinos
Restricted hours of operation
Liquor licence
Charges to enter and play not permitted
Information for customers
Training for employees
Books must be kept in casino venueGambling equipment must be kept in casino venue
Obligation on disposing of gaming machine
Prohibition on certain gaming machines in casino
Restriction on certain agreements
Review of agreements
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Procedure after issue of notice
Consequences of termination of agreement
Bank may be required to provide information
Investigation of complaints
Temporary authority
Subpart 6Licensed promoters of class 3 gambling
Society may engage licensed promoter
Licensed promoter may only promote licensed class 3 gambling activity
Existing licens ed promoter licences
Applications for licensed promoters licence
Eligibility for licensed promoters licence
Application for licensed promoters licence
Notice of licence application
Objections
Bond
Applicant must provide bond given by approved surety
When bond must be paid to Secretary
Secretary may appoint administratorCompensation claims
Consideration and payment of claims
Grant of licensed promoters licence
Secretary must inves tigate applicant for licensed promoters licence
Grounds for granting licensed promoters licence
Secretary must notify Police if licence granted
Content and conditions of licensed promoters licence
Secretary must keep register of licensed promoters
Renewal of licensed promoters licence
Renewal of licensed promoters licence
Suspension, cancellation, or refusal to renew licensed promoters licence
Suspension or cancellation of licensed promoters licence
Procedure for sus pending, cancelling, or refusing to renew licensed promoters licence
Consequences of suspension, cancellation, or refusal to renew licensed promoters licence
Appeal to Gambling Commission regarding licensed promoters licence
Consequences of appeal regarding licensed promoters licence
Trust account
Licensed promoter must have trus t account
Trust account must be audited
Licensed promoter must render account to society
Other matters
Surrender of licensed promoters licence
Temporary licence
Revocation of temporary licence
Incomplete promotions
Licensed promoters licence not transferable
Regulations relating to licensed promoters
Part 3Institutions
Subpart 1Gambling Commission
Establishment of Gambling Commission
Membership
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Appointment criteria
Termination of appointment of Gambling Commissioner
Functions of Gambling Commission
Gambling Commission is Commission of Inquiry
Gambling Commission may engage experts and receive wide evidence
Gambling Commission to s it in divisions
Department must service Gambling Commission
Gambling Commission must provide annual report to Minister
Remuneration of Gambling Commissioners
Disclosure of interestsCorrupt use of official information
Other enactments applying to Gambling Commission
Schedule 3 applies to Gambling Commission
Appeals
Subpart 2New Zealand Lotteries Commission
ew Zealand Lotteries Commission
New Zealand Lotteries Commission
Crown entity status
Functions of Lotteries Commission
Capacity and powers [Repealed]Board of Lotteries Commission
Further provisions about Lotteries Commission
Ministerial directions
Operation of ew Zealand lotteries
Lottery rules
Minister may require Lotteries Commission products to comply with regulations and minimum standards
Special purpose lotteries
Lotteries Commission may determine additional prizes
Lottery proceeds
Method of drawing lotteryScrutiny of drawings and allocations
Drawings to be open to public at discretion of Lotteries Commission
Official result
Lottery prize fund
Entitlement to prizes
Claims to lottery prizes
No entitlement to interest
Unclaimed prizes
Financial provisions relating to Lotteries Commission
Funds of Lotteries Commission
Bank accounts [Repealed]Estimates of income and expenditure
Borrowing powers [Repealed]
Loans
Investment of funds
Payment of profits
Exemption from income tax
Financial year[Repealed]
Accounts and audit
Other matters
Protection of nameProtection of product names
Contracts with other bodies [Repealed]
Accounts of bodies assisting Lotteries Commission and audit of accounts
Transitional provision
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Members of Lotteries Commission continue in office
Subpart 3New Zealand Lottery Grants Board
ew Zealand Lottery Grants Board
New Zealand Lottery Grants Board
Members and procedure
Function of Board
Powers of Board
Amounts available for allocation by BoardPurposes for which profits may be distributed
Distributions by Minister
Allocation of profits to certain statutory bodies
Distribution committees
Distribution committees
Functions of distribution committees
Applications for grants
Applications for assistance
Payments of grants
Subsidies and loans
Secretary is corporation sole for certain purposes
Financial provisions relating to Board and distribution committees
Bank accounts
Investment of money
Loans to Lotteries Commission
Miscellaneous expenditure
Accounts of profits and audit
Crown entity
Miscellaneous provisionsAppointment of officers
Remuneration of members of Board and distribut ion committees
Protection of members, distribution committees, and employees
Annual report
Transitional provision
Transitional provision
Subpart 4Casino Control Authority
Casino Control Authority abolished
Consequences of dissolutionThird parties
Employees of Authority
Part 4
Harm prevention and minimisation, enforcement, and other matters
Subpart 1Age restriction on certain gambling
Age restriction on instant games and similar games
Age restriction on class 4 gambling
Age restriction on gambling in casinos
Power to require particulars
Gambling operator must refuse to pay under-age personCourt may order return of money or prize
Subpart 2Admission to venues
Admission to class 4 venue and casino venue
Requirement to develop policy for identifying problem gamblers
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Exclusion order may be issued to problem gambler identified under section 308
Exclusion order must be issued to self-identified problem gambler
Requirement to remove person who enters gambling venue in breach of exclusion order
Offences relating to breach of exclusion order
Subpart 3Regulations relating to harm prevention and minimisation
Regulations relating to harm prevention and minimisation
Regulations relating to gaming machines in class 4 venue
Regulations relating to admission to and exclusion from gambling area of class 4 venue and cas ino venue
Regulations relating to exclusion of problem gamblers
Subpart 4Problem gambling levy
Integrated problem gambling s trategy focused on public health
Process for developing integrated problem gambling strategy
Regulations relating to problem gambling levy
Calculating levy
Initial levy
Early reconsideration
Collection
Accountability
Problem gambling committee
Subpart 5Minimum standards for gambling equipment
Gambling equipment must comply with minimum standards
Secretary may prescribe minimum standards
Secretary must give notice of minimum standard
Transitional provision
Transitional provision relating to gambling equipment
Subpart 6Gambling inspectors
Secretary may appoint gambling inspectorsAuthority to act as gambling inspector
Functions of gambling inspector
Power of gambling inspector to require information or documents
Power of gambling inspector to enter and demand information
Power of gambling inspector to seize equipment in casino venue
Power of gambling inspector to seize equipment in public place
Return of equipment seized under section 335 or section 336
Other powers of gambling inspectors
Functions and powers of Police
Search warrants
Search warrants
Form and content of search warrant
Powers conferred by s earch warrant
Requirements when executing search warrant
Police may arrest persons found at p lace
Disposal of things seized under search warrant
Other matters
Obstructing gambling inspector
Restriction on class 4 gambling by certain persons
Restriction on gambling in cas ino by certain persons
Gambling inspectors and Police not criminally liable
Transitional provision
Transitional provision relating to gambling inspectors
Subpart 7Offences relating to gambling in casinos
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Cheating
Being in poss ess ion of equipment for cheating
Counterfeit chips
Subpart 8Proceedings , evidence, etc
Relationship of this Part with Part 2
Proceedings for offences
Infringement offences
Infringement offences
Issue of infringement notice
Reminder notices
Infringement fees
Regulations relating to infringement offences
Evidence
Evidence of gambling
Evidence of bookmaking
Forfeiture
Subpart 9Other matters
Notification
Information gathering
Secretary may issue standard forms
Power to make game rules
Regulations relating to forms of gambling and gambling equipment
Regulations relating to forms
Regulations relating to fees
Other regulations
Consultation before regulation
Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977
Amendments to other enactmentsRepeals and revocations
Savings
Decisions during transitional period
Schedule 1
Conditions that may attach to casino licence
Schedule 2
Minimum operating standards
Schedule 3
Gambling Commiss ion
Schedule 4ew Zealand Lotteries Commiss ion
Schedule 5
ew Zealand Lottery Grants Board and distribution committees
Schedule 6
Infringement offences
Schedule 7
Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977
Schedule 8
Amendments to Racing Act 2003
Schedule 9
Amendments to other Acts
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1
2(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)(q)
(r)
(2)
(3)
3
(a)
(b)(c)
(d)
(e)
Title
This Act is the Gambling Act 2003.
Part 1
Preliminary provisions
CommencementThe following sections come into force on the day after the date on which this Act receives the Royal
assent:
sections 10 to 13; and
section 30(b); and
section 34; and
section 84; and
sections 86 to 93; and
section 94(1), (2)(a), and (3); and
section 97; and
sections 98 to 103; and
section 121; and
section 180; and
section 314; and
sections 317 to 325; and
section 372 as far as it relates to section 314; and
section 374 as far as it relates to the items in Schedule 8 relating to the Racing Act 2003
(except new section 61); and
section 376(2); and
section 377; andSchedule 7 as far as it relates to the Casino Control Act 1990; and
section 4(1) as far as it relates to the sections specified in paragraphs (a) to (q).
Schedule 7 as far as it relates to the Gaming and Lotteries Act 1977 comes into force on 1 October
2003.
The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in
Council, and 1 or more Orders in Council may be made appointing different dates for different
provisions.
Section 2(3): sections 16 and 376(3), and section 4(1), so far as it relates to thos e sections, brought into force, on
15 January 2004, by clause 2(1) of the Gambling Act Commencement Order 2003 (SR 2003/384).
Section 2(3): sections 220223, 224(1)(o), 224(2), 225234, and 235(5), and section 4(1), so far as it relates to those
sections, brought into force, on 1 March 2004, by clause 2(2) of the Gambling Act Commencement Order 2003
(SR 2003/384).
Section 2(3): the rest of the Act, except for section 374 so far as it relates to the items in Schedule 9 relating to the
Tax Administration Act 1994, brought into force, on 1 July 2004, by clause 2(3) of the Gambling Act
Commencement Order 2003 (SR 2003/384).
Purpose
The purpose of this Act is to
control the growth of gambling; and
prevent and minimise the harm caused by gambling, including problem gambling; andauthorise some gambling and prohibit the rest; and
facilitate responsible gambling; and
ensure the integrity and fairness of games; and
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(f)
(g)
(h)
4
(1)
(a)
(b)
(a)
(i)
(ii)
(iii)
(iv)
(b)
(a)
(i)(ii)
(iii)
(iv)
(v)
(b)
(i)
(ii)
(iii)
limit opportunities for crime or dishonesty associated with gambling; and
ensure that money from gambling benefits the community; and
facilitate community involvement in decisions about the provision of gambling.
Interpretation
In this Act, unless the context otherwise requires,
allocation, in relation to an instant game (including a New Zealand lottery that is an instant game),
means the determination of the winning tickets or the money or other reward that tickets bear,conducted before or simultaneously with the sale of tickets, randomly or wholly by chance
approved surety
means a person or entity declared by the Secretary, by notice in the Gazette, to be an
approved surety for the purpose ofsection 195; and
includes a registered bank
associated person means a person who is approved as an associated person for a particular casino
by the Secretary or the Gambling Commission, as the case may be
authorised chip means a chip that satisfies any applicable minimum operating standards specified by
the Secretary undersection 141
authorised purpose means,
for class 1 gambling, class 2 gambling, and class 3 gambling, any of the following purposes:
a charitable purpose:
a non-commercial purpose that is beneficial to the whole or a section of the
community:
promoting, controlling, and conducting race meetings under the Racing Act 2003,
including the payment of stakes:
an electioneering purpose:
for class 4 gambling, any of the purposes specified in paragraph (a)(i) to (iii)
authorised representative, in relation to a society, means a natural person employed or engaged bythe society for, mainly, non-gambling tasks
Authority means the Casino Control Authority established by section 7 of the Casino Control Act
1990
Board means the New Zealand Lottery Grants Board established by section 116A of the Gaming
and Lotteries Act 1977 and continued in existence undersection 272 of this Act
bookmaking
means running a business or making, or endeavouring to make, a living, totally or partly, from
any of the following activities:
taking or negotiating bets:organising pool betting:
matching gamblers:
laying or offering odds:
offering to bet with more than 1 person; but
does not include
the activities of the New Zealand Racing Board or a racing club under the Racing Act
2003; or
private gambling; or
casino gamblingbroadcaster and broadcasting have the same meanings as in section 2(1) of the Broadcasting Act
1989
casino count, in relation to a casino, means a count of money paid for the right to participate in
casino gambling
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(a)
(b)
(a)
(b)
(a)
(b)
(a)(b)
(c)
(i)
(ii)
(d)
casino gambling has the meaning given by section 34
casino licence means a casino operators licence or a casino venue licence
casino operators licence means a licence granted undersection 130; and includes an existing
casino operators licence
casino venue, in relation to a licensed casino,
means the area defined as constituting the casino in the casino venue licence; and
includes any building or room in which games are conducted and played and in which money
counting, surveillance, storage, and other activities related to the conduct and playing ofgames are carried on
casino venue agreement means an arrangement or agreement made between the holder of a casino
venue licence and the holder of a casino operators licence to operate the casino to which the casino
venue licence relates
casino venue licence means an existing casino premises licence that continues in existence under
section 122
chip means a token used, or capable of being used, in the conduct of casino gambling instead of
money
class 3 gambling has the meaning given by section 27class 3 operators licence means a licence granted undersection 37
class 4 gambling has the meaning given by section 30
class 4 operators licence means
a licence granted undersection 52; or
an existing gaming machine licence
class 4 venue means a place used to conduct class 4 gambling
class 4 venue agreement means an agreement or agreements between the holder of, or applicant
for, a class 4 operators licence or a class 4 venue licence and the venue operator that sets out their
respective rights and responsibilities
class 4 venue licence means
a licence granted undersection 67; or
a site approval
club means a voluntary association of persons combined for a purpose other than personal gain
commission means a payment that is based directly or indirectly on a percentage of the turnover in a
gambling activity
communication device means a machine, device, or thing for communicating at a distance and using
any technology (including telecommunication, radiocommunication, and broadcasting technology)
corporate society means 1 society that is
incorporated under the Incorporated Societies Act 1908; orincorporated as a board under the Charitable Trusts Act 1957; or
a company incorporated under the Companies Act 1993 that
does not have the capacity or power to make a profit; and
is incorporated and conducted solely for authorised purposes; or
a working mens club registered under the Friendly Societies and Credit Unions Act 1982
counterfeit chip includes an authorised chip that has been altered in any manner so as to resemble
another authorised chip
crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961
Department means the Department of Internal Affairs or any other department of State that hasassumed responsibility for the administration of this Act
draw, in relation to a lottery, means to determine by lot, or wholly by chance, the participants entitled
to a prize
electioneering purpose means the purpose of a group or an individual standing for election to public
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(a)
(b)
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(a)
(b)
(c)
(d)
(e)
office (including, for example, candidates in a national or local body election or candidates for
election to community trusts or energy trusts)
electronic monitoring system means an electronic or computer system or communication device
that is designed or adapted for use to
receive or send data from or to a gaming machine concerning the security, accounting, or
operation of the gaming machine and any games or features played on, or associated with, the
gaming machine; and
remotely enable or disable a gaming machineexisting casino agreement means a casino agreement approved under section 42 of the Casino
Control Act 1990
existing casino licence has the same meaning as the term casino licence in section 2(1) of the
Casino Control Act 1990
existing casino operators licence means a casino operators licence granted under section 37 of
the Casino Control Act 1990
existing casino premises licence means a casino premises licence granted under section 31 of the
Casino Control Act 1990
existing gaming machine licence means a licence authorising a society to conduct gambling by wayof gaming machines granted under section 8 of the Gaming and Lotteries Act 1977
existing licensed promoters licence means a licensed promoters licence granted under section
47 of the Gaming and Lotteries Act 1977
gambling
means paying or staking consideration, directly or indirectly, on the outcome of something
seeking to win money when the outcome depends wholly or partly on chance; and
includes a sales promotion scheme; and
includes bookmaking; and
includes betting, paying, or staking consideration on the outcome of a sporting event; but
does not include an act, behaviour, or transaction that is declared not to be gambling by
regulations made undersection 368
gambling area means,
for a class 4 venue, that part of the venue that is specified by the Secretary, undersection
70(2)(h), as an area where class 4 gambling is permitted or, if the Secretary does not specify
an area under that section, the class 4 venue; or
for a casino venue, that part of the venue that is specified by the Gambling Commission under
section 139 or the Casino Control Authority under the Casino Control Act 1990 as an area
where casino gambling is permitted or, if the Gambling Commission does not specify an area
under that section or the Casino Control Authority has not specified an area, the casino venueGambling Commission means the commission established by section 220
Gambling Commissioner means a person appointed undersection 221 as a member of the
Gambling Commission
gambling equipment
means a machine, device, or thing used remotely or directly to conduct or monitor gambling;
and
includes equipment and things associated with the items specified in paragraph (a); and
includes a gaming machine; and
includes a machine, device, or thing declared to be gambling equipment by regulations madeundersection 368; but
does not include a machine, device, or thing declared not to be gambling equipment by
regulations made undersection 368
gambling inspector means a person who is appointed as an inspector undersection 330
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(a)
(b)
(c)
(d)
(i)
(ii)
(iii)
(iv)
(e)
(f)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(a)
(i)
(ii)
(iii)
(b)
(a)
(b)
(a)
(b)
gambling operator means a person or class of person who conducts gambling
game rules means rules made by the Secretary for particular games, categories, classes, or forms of
gambling undersection 367
gaming machine
means a device, whether totally or partly mechanically or electronically operated, that is
adapted or designed and constructed for use in gambling; and
includes a device for gambling that is conducted partly by a machine and partly by other
means; andincludes a device, or type of device, that is declared to be a gaming machine by regulations
made undersection 368; but
does not include
a device used only to draw a lottery; or
a random selection device used in a game of housie; or
a device used only to dispense tickets that is not capable of being used to decide the
outcome of gambling; or
a communication device that is used both to dispense tickets in and draw a lottery
that is a sales promotion scheme; anddoes not include a device, or type of device, that is declared not to be a gaming machine by
regulations made undersection 368; and
does not include a device operated by the Lotteries Commission
government agency means a government department or Crown entity
harm
means harm or distress of any kind arising from, or caused or exacerbated by, a persons
gambling; and
includes personal, social, or economic harm suffered
by the person; or
the persons spouse, civil union partner, de facto partner, family, whanau, or wider
community; or
in the workplace; or
by society at large
housie
means gambling in which
the numbers are selected randomly and announced to participants; and
the participants mark or cover the numbers announced on their own cards; and
the winners are participants who mark or cover any given arrangement of the
numbers on their card and announce that fact openly to the other participants and tothe organisers; and
includes any other game played in a similar manner to that specified in paragraph (a)
illegal gambling means gambling described as illegal in section 9 orsection 17(2)
infringement offence means
an offence against a section listed in Schedule 6:
a breach of any regulations made under this Act that is prescribed as an infringement offence
instant game means gambling when a winning ticket or the money or other reward that a winning
ticket bears is determined, before or simultaneously with the sale of tickets, randomly or wholly by
chancejunket means entering New Zealand for a limited period of time with the primary purpose of
gambling in a casino where
the arrangements are made, at least in part, by a junket organiser; and
all, or a substantial part, of the costs of transportation, food, and accommodation for the
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(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
(iv)
(iva)
(A)
(B)
(v)
(c)
(i)
(ii)
(iii)
(a)
(i)
(ii)
(b)
person entering New Zealand is paid by or on behalf of the holder of a casino licence
junket organiser means a person who organises a junket for financial gain
key person means,
in relation to a class 4 operators licence, a person who
is a trustee or other officer of a corporate society that is an applicant for, or holder of,
a class 4 operators licence:
is the chief executive (or performs that function) of a corporate society that is an
applicant for, or holder of, a class 4 operators licence:exercises significant influence in the management of a corporate society that is an
applicant for, or holder of, a class 4 operators licence; and
in relation to a class 4 venue licence,
a venue manager:
venue personnel:
a venue operator:
a person who is a director, chief executive, or senior manager of a venue operator:
any other person whom the Secretary reasonably believes to have a significant
interest in the management, ownership, or operation of a venue operator, except forthe following persons holding office, elected, or appointed under the Sale of Liquor
Act 1989:
a member of a licensing trust elected in accordance with sections 191 to 194
of that Act or appointed undersection 195 of that Act; or
a trustee of a community trust holding office undersection 219Q of that Act
or elected in accordance with section 219Rof that Act or appointed under
section 219U of that Act:
a person contracted to service gambling equipment at a class 4 venue; and
in relation to a licensed promoters licence, a person who
is a director of, or holds office in, a company that is an applicant for, or holder of, a
licensed promoters licence:
is the chief executive (or performs that function) of a company that is the applicant
for, or holder of, a licensed promoters licence:
exercises significant influence in relation to a natural person who is the applicant for,
or holder of, a licensed promoters licence
licensed promoter means a person who is granted a licence undersection 201 to promote a class 3
gambling activity on behalf of a society
licensed promoters agreement means the agreement between a society and a licensed promoter
referred to in section 188(3)licensed promoters licence means a licence granted undersection 201
local authority has the same meaning as in the Local Government Act 2002
Lotteries Commission means the New Zealand Lotteries Commission established under section 72
of the Gaming and Lotteries Act 1977 and continued in existence undersection 236 of this Act
lottery
means a scheme or device involving multiple participants for which
a person pays consideration to participate, directly or indirectly; and
prizes of money are distributed according to a draw that takes place after all
participants have entered; andincludes lotto, raffles, and sweepstakes
lottery prize fund account means the account referred to in section 252
minimum standards means minimum standards for the design, manufacture, and performance of
gambling equipment prescribed by the Secretary undersection 327
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(a)
(b)
(c)
(a)
(b)
(i)
(ii)
(iii)
(a)
(i)
(ii)
(iii)
(iv)
(b)
(c)
(a)
(b)
(i)
(ii)
(iii)
(a)
(b)
(a)
(b)
(c)
(d)
Minister means the Minister of the Crown who, with the authority of the Prime Minister, is for the
time being responsible for the administration of this Act or the relevant Part or provision of this Act
money includes
moneys worth, whether or not convertible into money; and
the right to money; and
deferral or cancellation of some or all of an obligation to pay money
net proceeds, in relation to gambling, means the turnover of the gambling plus interest or other
investment return on that turnover plus proceeds from the sale of fittings, chattels, and gamblingequipment purchased from that turnover or investment return less
the actual, reasonable, and necessary costs (including prizes), levies, and taxes incurred in
conducting the gambling; and
the actual, reasonable, and necessary costs incurred in complying with whichever of the
following apply to the gambling:
this Act or any other relevant Act:
an operators licence:
a venue licence
ew Zealand lotterymeans a form of gambling promoted by the Lotteries Commission undersubpart 2 of Part 3
by means of
a lottery; or
a prize competition; or
an instant game; or
a combination of any of those 3 things; and
includes any other gambling activity specified by regulations made undersection 368 as a
New Zealand lottery; but
does not include any other gambling activity excluded by regulations made undersection 368
from being a New Zealand lottery
occupier
means a person who is entitled to occupy a place; and
includes
the owner of the place; and
a person who acts as if the person were the occupier of the place; and
a person who is involved in the care, management, or control of the place, whether or
not the person is the physical occupier
operators licence means a class 3 operators licence, a class 4 operators licence, or a casino
operators licenceorganiser, in relation to a class 2 or class 3 gambling activity, means the natural person who
conducts the activity
overseas gambling advertisement means a form of communication that
publicises or promotes gambling that is outside New Zealand or a gambling operator who is
outside New Zealand; or
is reasonably likely to induce persons to gamble outside New Zealand
owner means the person who is entitled to receive the rent for the place or who would be entitled to
receive it if the place were let
place includesa building, structure, or tent, whether fully or partly constructed; and
a room in a building or structure; and
a court or a mall; and
land; and
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(e)
(f)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)(i)
(a)
(b)
(c)
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
(f)
(g)(h)
(i)
(j)
(k)
a vehicle, vessel, or aircraft; and
a caravan or a trailer or other conveyance
prescribed fee means a fee prescribed by regulations made undersection 370
previous gaming Acts means the Gaming and Lotteries Act 1977 and the Casino Control Act 1990
private gambling means gambling by persons at a private residence in the following circumstances:
all the stakes placed are distributed as reward to the winners; and
the gambling is, primarily, a social event or entertainment; and
no remuneration, commission, or reward is paid to, or received by, a person for conductingthe gambling; and
persons who do not live at the residence are not induced, formally or informally, to participate
in the gambling by advertisement, notice, or other means; and
if the gambling involves playing or staking against a person who has the role of bank, that
role passes from one person to another by chance or by regular rotation among all persons,
without charge or other conditions; and
all participants have an equal chance of winning; and
no person other than a participant has a chance of winning; and
no one pays for admission, directly or indirectly; andthere are no deductions of any kind from a participants stakes or winnings
prize competition means a scheme or competition
for which direct or indirect consideration is paid to participate; and
that distributes prizes of money or in which participants seek to win money; and
for which the result is determined partly by chance and partly by the performance by the
participant of an activity of a kind that may be performed more readily by a participant
possessing or exercising some knowledge or skill, whether or not it may also be performed
successfully by chance
problem gambler means a person whose gambling causes harm or may cause harm
profits, in relation to New Zealand lotteries, means an amount calculated by subtracting from New
Zealand lottery proceeds expenses incurred in producing those proceeds including, but not limited to,
the amounts of prize funds set in respect of New Zealand lotteries by any rules made under
section 243; and
all reasonable expenses incurred or expected to be incurred in conducting New Zealand
lotteries; and
all duties and taxes payable in respect of New Zealand lotteries; and
the problem gambling levy payable in respect of New Zealand lotteries
property is defined in section 298(2) for the purpose of that sectionpublish means
insert or publish in a newspaper or other periodical published or distributed in New Zealand;
or
send to a person by any means; or
deliver to a person or leave at a place owned or occupied by a person; or
broadcast; or
include in a film or video; or
include on a disk for use with a computer; or
convey by electronic medium; ordistribute by any means; or
display by way of a sign, notice, poster, or other means; or
store electronically in a way that it is accessible to the public; or
bring to the notice of the public in New Zealand in any other manner
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(a)
(b)
(c)
(d)
(a)
(b)
(i)(ii)
(iii)
(iv)
(a)
(b)
(i)
(ii)
(iii)
(a)
(b)
(c)
(d)
(i)
(ii)
racing club has the same meaning as in section 5(1) of the Racing Act 2003
racing code has the same meaning as in section 5(1) of the Racing Act 2003
registered bankhas the meaning given by section 2(1) of the Reserve Bank of New Zealand Act
1989
relevant offence means
a crime involving dishonesty; or
a crime considered by the Secretary or the Gambling Commission, as the case may be, to be
relevant and serious; oran offence against this Act, the previous gaming Acts, the Racing Act 2003, or the Racing
Act 1971; or
an offence against a regulation made under the previous gaming Acts, the Racing Act 2003,
or the Racing Act 1971
remote interactive gambling
includes gambling by a person at a distance by interaction through a communication device;
but
does not include
gambling promoted by the Lotteries Commission; orgambling authorised under the Racing Act 2003; or
gambling by a person in New Zealand conducted by a gambling operator located
outside New Zealand; or
a sales promotion scheme that is in the form of a lottery and is conducted in New
Zealand
responsible gambling means lawful participation in gambling that is
lawful, fair, and honest; and
conducted
in a safe and secure environment; and
without pressure or devices designed to encourage gambling at levels that may cause
harm; and
by informed participants who understand the nature of the activity and do not
participate in ways that may cause harm
responsible Ministers means the Minister responsible for the department developing and
implementing the integrated problem gambling strategy and the Minister responsible for this Act
sales promotion scheme means gambling that does not involve a gaming machine nor a prize
prohibited undersection 17, used by a creator, distributor, or vendor of goods or services to
promote the sale of those goods or services if
participation in the gambling requires a person to purchase the goods or services promotedfor a price not exceeding the usual retail price; and
the date or period on or over which the outcome of the gambling will be determined is clear
to the participant at the time and place of sale; and
the person is not required to pay direct or indirect consideration other than to purchase the
goods or services promoted; and
the outcome is determined
randomly or wholly by chance; or
partly by chance (whether chance plays the greater or lesser part) and partly by the
application of some knowledge or skillSecretary means the Secretary for Internal Affairs
site approval means that part of an existing gaming machine licence that approves a place for
gambling with gaming machines
society means an association of persons established and conducted entirely for purposes other than
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(a)
(b)
(2)
(3)
5
(a)
(b)
(c)
(d)
(e)
6
7
(1)(a)
(b)
commercial purposes
standard form means a form issued by the Secretary undersection 366
territorial authority
has the same meaning as in section 5(1) of the Local Government Act 2002; but
does not include the Minister of the Crown who is, for the time being, responsible for that Act
territorial authority consent means a consent granted by a territorial authority undersection 100
territorial authority district means a district in respect of which a territorial authority is constituted
ticket means a document or thing that is evidence of, or signifies participation in, gambling or, if thereis no document or thing, includes the right to participate
turnover means the aggregate stakes in a gambling activity
venue licence means a class 4 venue licence or a casino venue licence
venue manager means 1 natural person responsible for supervising the gambling and venue
personnel at a class 4 venue and for banking the proceeds of class 4 gambling
venue operator means the occupier of a class 4 venue to which section 65(3) applies who owns the
primary business at the venue
venue personnel means a person who works at a class 4 venue or a casino and whose work
involves dealing with gambling equipment, gamblers, or the proceeds of gambling.For the purposes of this Act, an evidence of age document means a document as defined in section
2A of the Sale of Liquor Act 1989.
References to this Act include regulations made or continued under this Act.
Section 4(1) game rules : amended, on 15 December 2005, by section 3(1) of the Gambling Amendment Act (No 2)
2005 (2005 No 104).
Section 4(1) harm paragraph (b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory
References) Act 2005 (2005 No 3).
Section 4(1) housie paragraph (a): amended, on 15 December 2005, by section 3(2) of the Gambling Amendment
Act (No 2) 2005 (2005 No 104).
Section 4(1) key person paragraph (b)(iv): subs tituted, on 21 April 2005, by section 3 of the Gambling AmendmentAct 2005 (2005 No 35).
Section 4(1) key person paragraph (b)(iva): inserted, on 21 April 2005, by section 3 of the Gambling Amendment
Act 2005 (2005 No 35).
Meaning of conducting gambling
In this Act, conducting gambling includes any of the following activities:
organising, using, managing, supervising, and operating (but not playing) gambling or gambling
equipment:
distributing the turnover of gambling (for example, by paying prizes, meeting costs, or making
grants):selling tickets to participate in gambling:
promoting gambling:
assisting in activities described in paragraphs (a) to (d).
Multi-terminal and multi-player gaming machines
In this Act, each terminal or player station of a multi-terminal or multi-player gaming machine must be
treated as 1 gaming machine.
Meaning of significant influence in casino
A person has a significant influence in a casino if the personis or will be a director of the holder of, or applicant for, or proposed transferee or alienee of,
a casino licence for the casino; or
is or will be employed or engaged by the holder of, or applicant for, or proposed transferee
or alienee of, a casino licence for the casino as the chief executive or a senior manager of the
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(c)
(2)
(3)
(4)
8
(1)
(2)
(3)
(4)
9
(1)
(a)
(b)
(c)
(2)
(a)
(b)
10
(1)(2)
11
casino; or
owns or will own shares, directly or indirectly, in the holder of, or applicant for, or proposed
transferee or alienee of, a casino licence for the casino that confer control of 20% or more of
the voting rights of shareholders of any class in the holder, applicant, or proposed transferee
or alienee.
A significant influence in a casino includes any influence that the Secretary or the Gambling
Commission (as the case may be) considers to be a significant interest in the management, ownership,
or operation of a casino, however acquired or to be acquired.Subsection (1) does not limit what the Secretary or the Gambling Commission, as the case may be,
considers to be a significant influence under subsection (2).
In subsection (1)(a), the term director includes a person described in section 126(1) of the
Companies Act 1993.
Secretary may seek information to assess influence
If the Secretary believes, on reasonable grounds, that a particular person may have a significant
influence in a casino, the Secretary may advise that person and the holder of, or applicant for, or
proposed transferee or alienee of, the relevant casino licence of that belief.
The person believed to have a significant influence in a casino or other person to whom the Secretary
has given advice may provide the Secretary with information and submissions about that belief within
1 month of receiving advice of that belief.
The Secretary may then determine whether or not the person has a significant influence in a casino,
having regard to submissions and information provided under subsection (2).
A determination under subsection (3) that a person has a significant influence in a casino from a
particular date does not prevent the Secretary deciding that a person had a significant influence before
that date.
Part 2
Gambling
Subpart 1Prohibitions and authorisations
Gambling prohibited
Gambling is prohibited and illegal unless it is
authorised by or under this Act and complies with this Act and any relevant licence, game
rules, and minimum standards; or
authorised by or under the Racing Act 2003 and complies with that Act and any regulations
made under it; or
private gambling.
The following types of gambling are prohibited and illegal and are not authorised by and may not be
authorised under this Act:
bookmaking:
remote interactive gambling.
o more casinos
No new casino venue licences may be granted under this Act.However, an existing casino venue licence may be renewed.
o increase in casino gambling
A person must not increase the opportunities for casino gambling.
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12
(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
13
14
(1)
(2)
15
(1)
(2)
(3)
(a)(b)
(4)
16
(1)
(2)
(a)(b)
(c)
(d)
What is increase in casino gambling
Decisions on what constitutes an increase in the opportunities for casino gambling are a function and
responsibility of the Casino Control Authority, until section 297 of this Act comes into force, and of
the Gambling Commission after that.
An increase in the opportunities for casino gambling includes but is not limited to
an increase in the number of gaming machines unless the increase is accompanied by a
reduction in the number of table games that the Casino Control Authority, or the GamblingCommission, believes is proportionate:
an increase in the number of table games unless the increase is accompanied by a reduction in
the number of gaming machines that the Casino Control Authority, or the Gambling
Commission, believes is proportionate:
an increase in total player space at table games unless the increase is accompanied by a
reduction in other opportunities for casino gambling that the Casino Control Authority, or the
Gambling Commission, believes is proportionate.
Opportunities for casino gambling are not increased
by increases, in the Auckland casino, that comply with the Order for the Variation of
Conditions of Casino Premises Licence dated 6 December 2002:
by gambling conducted by the New Zealand Racing Board referred to in section 120.
o compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the
enactment or operation ofsections 10 to 12.
Legality of gambling contracts
Every contract for, or relating to, illegal gambling is an illegal contract for the purposes of the Illegal
Contracts Act 1970, and that Act applies accordingly.Gambling contracts authorised by or under this Act are enforceable at law.
Providing credit for gambling prohibited
A person conducting gambling must not offer or provide credit if the person knows or ought to know
that the credit is intended to be used for gambling.
Every person who commits an offence against subsection (1) is liable on summary conviction to a fine
not exceeding $10,000.
Subsection (1) does not apply to credit offered or provided by the holder of a casino operators
licence to a person in circumstances that have been approved by
the Authority under section 66 of the Casino Control Act 1990; orthe Gambling Commission under subsection (4).
The Gambling Commission may approve circumstances in which an offer or provision of credit may
be made by the holder of a casino operators licence to a person.
Advertising overseas gambling prohibited
A person must not publish or arrange to publish, in New Zealand, an overseas gambling
advertisement.
Subsection (1) does not apply to publishing or arranging to publish
a health message concerning gambling; oran advertisement for services to prevent, minimise, or treat harm; or
a message about preventing, minimising, or treating harm; or
an advertisement for gambling equipment intended for distribution only to buyers of gambling
equipment; or
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(e)
(3)
(4)
17
(1)
(a)
(b)
(2)
(3)
(4)
18
19
(1)
(a)
(b)(c)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(ii)
(iii)
(j)
(2)
(3)
(a)
an overseas gambling advertisement in which the publicising or promotion of gambling or a
gambling operator is incidental to the purpose of the advertisement.
A person who contravenes subsection (1) commits an offence and is liable on summary conviction to
a fine not exceeding $10,000.
The Governor-General may, by Order in Council, restrict the application of this section, if satisfied
that an order is necessary to enable New Zealand to comply with its international obligations relating
to trade in services that are or will become binding on New Zealand.
Regulations may specify property that must not be used to reward winners
The Governor-General may, by Order in Council, make regulations that specify property or a class of
property that must not be
offered as a reward for gambling; or
used to reward a winner of gambling.
Gambling that offers or uses property or a class of property as a reward in breach of regulations
made under subsection (1) is illegal gambling.
This section overrides anything in this Act to the contrary.
A notice given under section 70 of the Gaming and Lotteries Act 1977 continues in force (despite the
repeal of that Act) until a regulation made under subsection (1) replaces it.
Compare: 1997 No 34 s 70
Sales promotion schemes authorised
A sales promotion scheme is authorised by this Act.
Offences
A person who does any of the following things commits an offence:
participates in illegal gambling:
is, without reasonable excuse, at a place where illegal gambling is occurring:conducts illegal gambling:
offers or provides credit if the person knows or ought to know that the credit may be used to
commit an offence under paragraph (a) or paragraph (c):
accepts credit from a person with the intention that it be used to commit an offence under
paragraph (a) or paragraph (c):
makes a direct or indirect pecuniary gain from illegal gambling other than as a direct
participant:
promotes illegal gambling or assists in doing so:
causes or permits a place to be used for illegal gambling:
advertises illegal gambling
to inform the public of places where illegal gambling takes place or will take place; or
to invite the public to participate in illegal gambling or to seek information about
opportunities to do so; or
to invite the public to commit money for illegal gambling or to seek information about
opportunities to commit money for illegal gambling:
provides or installs gambling equipment if the person knows or ought to know that it is
intended to be used for illegal gambling.
Every person who commits an offence against subsection (1)(a) or (b) is liable on summary
conviction to a fine not exceeding $1,000.Every person who commits an offence against subsection (1)(c) to (j) is liable on summary conviction,
in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not
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(b)
20
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
(a)
(b)(c)
21
(1)
(a)
(b)
(2)
(a)
(b)
22
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
exceeding $20,000:
in the case of a body corporate, to a fine not exceeding $50,000.
Subpart 2Classes of gambling
Overview
Overview
This Act divides gambling into the following 6 legal classes:
class 1 gambling (no licence required):
class 2 gambling (no licence required):
class 3 gambling (class 3 operators licence required):
class 4 gambling (class 4 operators and venue licences required):
casino gambling (casino operators and venue licences required):
gambling conducted by the Lotteries Commission.
Additionally, this Act
authorises private gambling; and
authorises sales promotion schemes; andrecognises gambling authorised by or under the Racing Act 2003.
Secretary may categorise gambling
The Secretary may declare, by notice in the Gazette, that gambling that is ordinarily within a class is
gambling of another class if
the gambling does not satisfy the game rules that apply to the class into which the gambling
would ordinarily fall; and
the Secretary considers that the level of risk associated with the gambling justifies the
declaration.
A notice under subsection (1)
is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but
is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
Class 1 gambling
Meaning of class 1 gambling
In this Act, class 1 gambling is gambling that satisfies the following criteria:
either
the turnover of the gambling plus interest or other investment return on thoseproceeds less any actual, reasonable, and necessary costs incurred in conducting the
gambling is applied to reward the winners of the gambling if the gambling is
conducted by a person other than a society; or
the net proceeds from the gambling are applied or distributed to authorised purposes
if the gambling is conducted by a society; and
the total value of prizes offered or awarded to the winners of the gambling activity, or to the
winners in 1 session (if the gambling is conducted in sessions of more than 1 game), does not
exceed $500; and
the potential turnover involved in the gambling activity, or in 1 session of gambling (if thegambling is conducted in sessions of more than 1 game), does not exceed $500; and
if the gambling is conducted in sessions of more than 1 game, a society conducts no more
than 1 session per day; and
the gambling satisfies relevant regulations and game rules; and
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(f)
(g)
(h)
(i)
23
24
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
25
(a)
(b)
(i)(ii)
(iii)
(iv)
the gambling does not utilise or involve a gaming machine, directly or indirectly; and
no commission is offered or paid to, or received by, a person for conducting the gambling;
and
no remuneration is offered or paid to, or received by, a person for conducting the gambling,
except a caller of housie or an authorised representative of a society if the gambling is
conducted by a society; and
the Secretary has not categorised the gambling as another class of gambling.
Section 22(a)(i): amended, on 15 December 2005, by section 4 of the Gambling Amendment Act (No 2) 2005 (2005No 104).
o licence required
Class 1 gambling may be conducted by a person without a licence under this Act.
Class 2 gambling
Meaning of class 2 gambling
In this Act, class 2 gambling is gambling that satisfies the following criteria and the requirements
specified in section 25:the net proceeds from the gambling are applied or distributed to authorised purposes; and
the total value of prizes offered or awarded to the winners of the gambling activity, or to the
winners in 1 session (if the gambling is conducted in sessions of more than 1 game), does not
exceed $5,000; and
the potential turnover involved in the gambling activity, or in 1 session of gambling (if the
gambling is conducted in sessions of more than 1 game), does not exceed $25,000; and
if the gambling is conducted in sessions of more than 1 game, a society conducts no more
than 1 session per week; and
the gambling satisfies relevant regulations and game rules; and
the gambling does not utilise or involve a gaming machine, directly or indirectly; and
no commission is offered or paid to, or received by, a person for conducting the gambling;
and
no remuneration is offered or paid to, or received by, a person for conducting the gambling,
except a caller of housie or an authorised representative of a society; and
the Secretary has not categorised the gambling as another class of gambling.
To avoid doubt, class 2 gambling is gambling that is not class 1 gambling.
Section 24(1)(b): amended, on 15 December 2005, by section 5(1) of the Gambling Amendment Act (No 2) 2005
(2005 No 104).
Section 24(1)(c): amended, on 15 December 2005, by section 5(1) of the Gambling Amendment Act (No 2) 2005(2005 No 104).
Section 24(2): added, on 15 December 2005, by section 5(2) of the Gambling Amendment Act (No 2) 2005 (2005
No 104).
Requirements for class 2 gambling
The requirements for class 2 gambling are that
the winners may claim prizes or rewards without incurring costs additional to the cost of
participation:
the following information is published at the point of sale:
the name of the society:the name and address of the organiser of the gambling:
the authorised purposes for which the gambling is conducted, stated specifically:
when entries close:
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(v)
(vi)
(vii)
(viii)
(ix)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(ii)
(i)
(j)
(k)
(l)
(i)
(ii)
(m)
(n)
26
27
(a)
(b)
(c)
(d)
(e)
(f)
details of where, when, and how results will be made available:
the value and characteristics of the prize or reward to be won:
the cost of entry:
the total number of tickets offered in the gambling:
the process for determining the winners:
the organiser of the gambling is a member or an authorised representative of a society:
except for housie, advertisements or notices soliciting entries include the name of the society,
the name and address of the organiser, and the authorised purposes for which funds are beingraised:
the prizes or rewards offered, and the authorised purposes for which the gambling is
conducted, remain unchanged after tickets are first offered for sale:
every ticket sold, and no other ticket, is included or represented when the result is
determined:
neither the society nor the organiser holds a ticket:
unless paragraph (i) or paragraph (j) applies, the result is
declared within 3 months of tickets first being offered for sale and within 14 days
after ticket sales cease; andnotified publicly within 1 week after it is declared:
if the gambling is ancillary to entertainment, the result must be declared while the
entertainment continues:
if the gambling is housie, the result must be declared during the housie session:
prizes or rewards are given only to the persons who win:
the society provides the following information to the Secretary, on request by the Secretary,
within 14 days of that request:
an audited statement of the receipts and payments from the gambling:
the name of each person who conducted the gambling, and any remuneration paid to,
or received by, the person for doing so:
if a prize or reward is unclaimed within 3 months of the declaration of a result, it may be
disposed of according to the Secretarys directions:
if a prize or reward is unclaimed within 3 months of the declaration of a result, the society
must notify the Secretary within 10 working days.
o licence required
Class 2 gambling may be conducted by a society without a licence under this Act.
Class 3 gambling
Meaning of class 3 gambling
In this Act, class 3 gambling is gambling that satisfies the following criteria:
the net proceeds from the gambling are applied or distributed to authorised purposes; and
the total value of the prizes offered or awarded to the winners of the gambling activity, or to
the winners of 1 session (if the gambling is conducted in sessions of more than 1 game),
exceeds $5,000; and
the gambling satisfies relevant game rules; and
the gambling does not utilise or involve a gaming machine, directly or indirectly; and
no commission is offered or paid to, or received by, a person for conducting the gambling,except a licensed promoter; and
the Secretary has not categorised the gambling as another class of gambling.
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28
(1)
(2)
(3)
(4)
29
30
(a)(i)
(ii)
(iii)
(b)
(c)
31
(a)
(b)
32
(1)
(2)
(3)
33
(1)
(a)
(b)
(2)
(a)
(b)
Requirements for class 3 gambling
Class 3 gambling that is not conducted regularly may be conducted only by a society that holds a
class 3 operators licence for the gambling.
Class 3 gambling that is conducted regularly may be conducted only by a corporate society that holds
a class 3 operators licence for the gambling.
A licensed promoter may promote only class 3 gambling that is not conducted regularly.
In this section, gambling is conducted regularly if it is conducted in sessions of more than 1 game.
Existing licences class 3 operators licences
A licence issued under section 8 of the Gaming and Lotteries Act 1977 (except for an existing gaming
machine licence), or section 26, or section 35 of that Act becomes, and must be treated as if it were
a class 3 operators licence.
Class 4 gambling
Meaning of class 4 gambling
In this Act, class 4 gambling is
gambling that is not gambling of another class and that satisfies the following criteria:the net proceeds from the gambling are applied to or distributed for authorised
purposes:
no commission is paid to, or received by, a person for conducting the gambling:
the gambling satisfies relevant game rules; and
gambling that utilises or involves a gaming machine; or
gambling categorised by the Secretary as class 4 gambling.
Requirements for class 4 gambling
Class 4 gambling may be conducted only by a corporate society that holds
a class 4 operators licence for the gambling; and
a class 4 venue licence for the place where the gambling is conducted.
Existing gaming machine licences and site approvals
Despite section 375, an existing gaming machine licence held on the commencement of this section
becomes, and must be treated as if it were, a class 4 operators licence.
A site approval held on the commencement of this section becomes, and must be treated as if it were,
a class 4 venue licence (and expires on the same date as the relevant operators licence).
For the purposes ofsections 56, 57, 72, and 73, the Secretary may treat a corporate society as the
holder of a class 4 operators licence or class 4 venue licence if the Secretary is satisfied that it is thesame, or substantially the same, entity as the society that held an existing gaming machine licence on
the commencement of this section.
Status of ew Zealand Racing Board and racing clubs
The New Zealand Racing Board and societies that are racing clubs under the Racing Act 2003 must
be treated as corporate societies for the purposes of
a class 4 operators licence or class 4 venue licence; or
an application for, or the renewal or amendment of, either licence.
A class 4 venue licence may be issued to the New Zealand Racing Board or a racing club to conductclass 4 gambling only at
a venue owned or leased by the New Zealand Racing Board and used mainly for racing
betting or sports betting; or
a racecourse.
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34
(a)
(b)
(c)
35
(1)
(2)
(a)
(b)
(c)
(d)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(4)
36
(1)
(2)
(a)
(b)
(c)
Meaning of casino gambling
In this Act, casino gambling means gambling
that satisfies relevant game rules; and
to which both a casino venue licence and casino operators licence apply; but
that does not include the gambling conducted by the New Zealand Racing Board referred to
in section 120.
Subpart 3Licensing of class 3 gambling
Applications for class 3 operators licence
Application for class 3 operators licence
A society may apply to the Secretary for a licence to conduct class 3 gambling.
An application must be on the relevant standard form and be accompanied by,
if requested by the Secretary, a copy of the applicants governing document; and
details of the authorised purposes to or for which net proceeds from the class 3 gambling will
be applied or distributed; anda copy of an agreement that satisfies regulations made undersection 219(a) if the class 3
gambling is conducted by a licensed promoter; and
any other relevant document requested by the Secretary.
An application must include the following information:
a description of the class 3 gambling to be provided; and
a description of prizes that will be offered in the class 3 gambling; and
the duration and frequency of the class 3 gambling; and
the cost of entering the class 3 gambling; and
information about the financial viability of the proposed gambling operation and the means
proposed to maximise the net proceeds from the class 3 gambling to be applied to or
distributed for authorised purposes; and
the address and contact details of the society that will operate the class 3 gambling, the
officers of the society, and the organiser of the class 3 gambling; and
if relevant, the address of the place at which the society intends to conduct the class 3
gambling; and
any other information r