gambling act 2003 no 51 _(as at 07 july 2010_), public act – new zealand legislation

8/8/2019 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



Existing licences class 3 operators licences

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


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



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 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 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


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


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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2(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)(q)

(r)

(2)

(3)

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(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


section 94(1), (2)(a), and (3); and

section 97; and


section 121; and

section 180; and

section 314; 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)

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(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




15/151

(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




16/151

(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




17/151

(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




18/151

(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




19/151

(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




20/151

(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




21/151

(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.




22/151

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




23/151

(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




24/151

(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


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




25/151

(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


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


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


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).


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


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


no commission is offered or paid to, or received by, a person for conducting the gambling,except a licensed promoter; and





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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)


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


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.


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


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

gambling act 2003 no 51 _(as at 07 july 2010_), public act – new zealand legislation

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