Boxing and Wrestling Act 1981

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Boxing and Wrestling Act 1981

Public Act1981 No 28
Date of assent16 September 1981
Commencement16 September 1981

Note

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.


An Act to make better provision for regulating the promotion and conduct of boxing and wrestling contests, and to abolish the regulation of certain amateur wrestling contests

1 Short Title and application
  • (1) This Act may be cited as the Boxing and Wrestling Act 1981.

    (2) Nothing in this Act shall apply to any amateur wrestling contest promoted or conducted by the New Zealand Amateur Wrestling Union (Incorporated) (or its successor in title) or any association affiliated to it.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    association means any club or other body of persons (whether corporate or unincorporate) who have joined together with the intention of promoting or conducting a contest

    boxing or wrestling means those forms of physical combat commonly known as boxing or, as the case may be, wrestling; but does not include any of those forms of physical combat commonly known as the Asian martial arts

    contest means a boxing contest or a wrestling contest, as the case may require, being any boxing or wrestling match, competition, or exhibition to which a charge is made for admission or at which a collection is taken up, or at which those present are invited or permitted to contribute money or to throw money into the ring or to otherwise deposit it in the building where the contest is held or elsewhere, or on the result of which any stake, payment, or prize depends

    Minister means the Minister of Internal Affairs.

    (2) Nothing in this Act shall be construed as limiting or affecting the provisions of the Gambling Act 2003.

    Compare: 1927 No 35 ss 64, 72; 1956 No 57, s 5

    Section 2(2): amended, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).

3 Permit for contest
  • (1) No contest shall be promoted or conducted except in pursuance of a permit granted by a constable who is of or above the level of position of inspector of the district in which it is to be so promoted or conducted.

    (2) Such a permit may be granted, upon application, only to an association approved for that purpose by the Minister pursuant to section 4.

    Compare: 1927 No 35 s 65(1), (2); 1965 No 7 s 6

    Section 3: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

4 Approval of associations
  • (1) An association may make application to the Minister to be approved for the promotion or conduct of contests.

    (2) Every application shall be made by a duly authorised member, officer, or agent of the association, and shall be accompanied by the prescribed fee (if any) and by 2 copies, or such other number of copies as may be prescribed, of—

    • (a) the names and addresses of the members of the executive committee, board of directors, or other governing body, and of the officers engaged in the management of the association:

    • (b) the constitution, articles, or rules, or proposed constitution, articles, or rules, of the association:

    • (c) the rules under which it is proposed to promote or conduct contests:

    • (d) such other information as the Minister thinks necessary to assist him in considering the application.

    (3) In considering any application under subsection (1), the Minister may have regard to—

    • (a) the suitability of the constitution, articles, or rules, or proposed constitution, articles, or rules, of the association, subject to any regulations made under this Act:

    • (b) the suitability of the rules under which it is proposed to promote or conduct contests, subject to any regulations made under this Act:

    • (c) any recommendations made by the Commissioner of Police in relation to the application:

    • (d) such other matters as he considers relevant.

    (4) The Minister may approve or refuse to approve any association for the purposes of this Act; and any approval granted under this section may be withdrawn at any time where, in the opinion of the Minister, the public interest requires it, or where the association no longer acts as an association or has been wound up or dissolved or is convicted of an offence against this Act or regulations made under it.

    Compare: 1927 No 35 s 65(3), (4); 1965 No 7 s 6

5 Change in rules
  • (1) Where any association that has been approved by the Minister pursuant to section 4 proposes to change its constitution, articles, or rules, or the rules under which contests are promoted or conducted by it, it may submit to the Minister 2 copies of the proposed changes; and the Minister shall indicate whether or not, if the changes were to be made, he would continue his approval of the association for the purposes of this Act, or, as the case may require, he may suggest any amendments to the proposal which would be required for him to continue his approval.

    (2) Where any association has made any change to its constitution, articles, or rules, or to the rules under which contests are promoted or conducted by it, the association shall submit forthwith to the Minister 2 copies in writing of the changes as adopted by the association and certified by its principal officer accordingly.

    (3) Upon receiving notification under subsection (2) of a change in the constitution, articles, or rules of the association, or the rules under which contests are promoted or conducted by it, the Minister may continue or withdraw his approval of the association for the purposes of this Act.

    (4) Where any association fails to submit notice of any change made to its constitution, articles, or rules, or to the rules under which contests are promoted or conducted by it, as required under subsection (2), the Minister may withdraw his approval of the association for the purposes of this Act.

6 Conduct of contest
  • (1) Every contest shall be conducted in accordance with the rules submitted under section 4(2) (as changed, as the case may be, under section 5) by the association (being an association approved by the Minister) on whose application the permit for the contest was granted, and also in accordance with any regulations made under this Act.

    (2) A copy of the permit granted shall be posted up in a conspicuous position at the main entrance of the building or other place in which the contest is conducted.

    Compare: 1927 No 35 ss 66, 67

7 Offences
  • (1) Every person commits an offence against this Act who promotes or conducts, or is engaged in, any contest in respect of which any of the provisions of this Act are not complied with.

    (2) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    Compare: 1927 No 35 s 68

8 Penalty for offences
  • Every person who commits an offence against this Act is liable on conviction to a fine not exceeding $1,000.

    Compare: 1927 No 35 s 68; 1967 No 154 s 2(1)

    Section 8: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

9 Search warrants
  • (1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant if, on an application made by a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds for believing that on any premises a contest is being conducted in breach of this Act or any regulations made under it.

    (2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subparts 2, 5, 6, and 8) apply.

    Section 9: replaced, on 1 October 2012, by section 205 of the Search and Surveillance Act 2012 (2012 No 24).

10 Police may arrest persons found on premises
  • In any case to which section 9 applies, the constable executing the warrant or any of his assistants may, without further warrant, arrest any person found on the premises if he has reasonable ground to believe that that person is committing or has committed an offence against this Act or any regulations made under it.

    Compare: 1927 No 35 s 70; 1977 No 84 s 118

    Section 10: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

11 Regulations
  • The Governor-General may, from time to time by Order in Council, make regulations for all or any of the following purposes:

    • (a) prescribing the constitution, articles, rules, powers, or functions of associations generally:

    • (b) prescribing fees payable by an association in respect of any application made under this Act:

    • (c) prescribing rules for the promotion or conduct of contests:

    • (d) prescribing offences in respect of contravention of or non-compliance with any regulations made under this Act; and prescribing penalties not exceeding the amount specified in section 8 in respect of any offences prescribed under this paragraph:

    • (e) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

    Compare: 1927 No 35 s 71

12 Repeals, amendment, revocation, and savings
  • (1) The enactments specified in the Schedule are hereby repealed.

    (2) Amendment(s) incorporated in the Act(s).

    (3) The Boxing and Wrestling Regulations 1958, Amendment No 2 is hereby consequentially revoked.

    (4) Without limiting anything in the Acts and Regulations Publication Act 1989, the Boxing and Wrestling Regulations 1958 shall, notwithstanding the repeal of section 71 of the Police Offences Act 1927 by subsection (1), continue in force and have the same effect and may be amended as if they had been made pursuant to section 11 of this Act except so far as section 1(2) of this Act excludes their application.

    (5) Every club or association which, as at the commencement of this Act, is approved by the Minister pursuant to the Police Offences Act 1927 to hold or conduct a boxing contest or a wrestling contest shall—

    • (a) be deemed to be an association approved for the purposes of this Act; and

    • (b) be deemed to have an approved constitution, articles, or rules, and rules under which contests are promoted or conducted by it,—

    as at the day this Act comes into force.

    Section 12(4): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).


Schedule
Enactments repealed

s 12(1)

Police Offences Act 1927 (1927 No 35) (Reprinted 1973, Vol 2, p 1577)

Amendment(s) incorporated in the Act(s).

Police Offences Amendment Act 1956 (1956 No 57) (Reprinted 1973, Vol 2, p 1639)

Amendment(s) incorporated in the Act(s).

Police Offences Amendment Act 1965 (1965 No 7) (Reprinted 1973, Vol 2, p 1641)

Amendment(s) incorporated in the Act(s).

Police Offences Amendment Act 1967 (1967 No 154) (Reprinted 1973, Vol 2, p 1642)

Amendment(s) incorporated in the Act(s).

Summary Proceedings Act 1957 (1957 No 87) (Reprinted 1975, Vol 4, p 3107)

Amendment(s) incorporated in the Act(s).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Boxing and Wrestling Act 1981. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)