Reprint as at 3 March 2015

Coat of Arms of New Zealand

Gambling Act 2003

Public Act
2003 No 51
Date of assent
18 September 2003
Commencement
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Extended meaning of conduct
6Multi-terminal and multi-player gaming machines
7Meaning of significant influence in casino
8Secretary may seek information to assess influence
8AAct binds the Crown
9Gambling prohibited
10No more casinos
11No increase in casino gambling
12What is increase in casino gambling
13No compensation
14Legality of gambling contracts
15Providing credit for gambling prohibited
16Advertising overseas gambling prohibited
17Regulations may restrict or prohibit prizes
17ARetail value of non-cash prize must be stated
18Sales promotion schemes authorised
19Offences
20Overview
21Secretary may categorise gambling
22Meaning of class 1 gambling
23No licence required
24Meaning of class 2 gambling
25Requirements for class 2 gambling
26No licence required
27Meaning of class 3 gambling
28Requirements for class 3 gambling
29Existing licences class 3 operators’ licences
30Meaning of class 4 gambling
31Requirements for class 4 gambling
32Existing gaming machine licences and site approvals
33Status of New Zealand Racing Board and racing clubs
34Meaning of casino gambling
35Application for class 3 operator’s licence
36Secretary must investigate applicant for class 3 operator’s licence
37Grounds for granting class 3 operator’s licence
38Content and conditions of class 3 operator’s licence
38AContinuing obligations of class 3 operator
39Significant changes in relation to class 3 operator’s licence must be notified
40Change of purpose and winding up provisions of holder of class 3 operator’s licence ineffective without approval
41Renewal of class 3 operator’s licence
42Amending class 3 operator’s licence
43Suspension or cancellation of class 3 operator’s licence
44Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence
45Consequences of suspension, cancellation, or refusal to amend or renew class 3 operator’s licence
46Appeal to Gambling Commission regarding class 3 operator’s licence
47Consequences of appeal regarding class 3 operator’s licence
48Surrender of class 3 operator’s licence
49Class 3 operator’s licence not transferable
50Application for class 4 operator’s licence
51Secretary must investigate applicant for class 4 operator’s licence
52Grounds for granting class 4 operator’s licence
52ACircumstances in which corporate society may apply net proceeds to authorised purpose
53Content and conditions of class 4 operator’s licence
53AContinuing obligations of class 4 operator
54Significant changes in relation to class 4 operator’s licence must be notified
55Change of purpose and winding up provisions of holder of class 4 operator’s licence ineffective without approval
56Renewal of class 4 operator’s licence
57Amending class 4 operator’s licence
58Suspension or cancellation of class 4 operator’s licence
59Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence
60Consequences of suspension, cancellation, or refusal to amend or renew class 4 operator’s licence
61Appeal to Gambling Commission regarding class 4 operator’s licence
62Consequences of appeal regarding class 4 operator’s licence
63Surrender of class 4 operator’s licence
64Class 4 operator’s licence not transferable
65Application for class 4 venue licence
66Secretary must investigate applicant for class 4 venue licence
67Grounds for granting class 4 venue licence
68Determining suitability for class 4 venue licence
69Form and content of class 4 venue agreement
69AContinuing obligations of corporate society in relation to class 4 venue licence
70Content and conditions of class 4 venue licence
71Significant changes in relation to class 4 venue licence must be notified
72Renewal of class 4 venue licence
73Amending class 4 venue licence
74Suspension or cancellation of class 4 venue licence
75Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence
76Consequences of suspension, cancellation, or refusal to amend or renew class 4 venue licence
77Appeal to Gambling Commission regarding class 4 venue licence
78Consequences of appeal regarding class 4 venue licence
79Surrender of class 4 venue licence
80Class 4 venue licence not transferable
81Complaints to Secretary
82Certain information must be displayed at class 4 venue
83Obligation on disposal of gaming machines
84Prohibition on certain gaming machines in class 4 venue
85Disabling gambling equipment
86Holder of class 4 operator’s licence must connect to electronic monitoring system
87Functions of electronic monitoring system
88Secretary may select monitor
89Notification required
90Register of class 4 venue licences must be maintained
91No compensation
92Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001
93Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but before commencement
94Limit on number of gaming machines for venue with venue licence granted after commencement
95Ministerial discretion to permit more gaming machines if clubs merge
96Ministerial discretion to permit more than 9 machines at certain class 4 venues
97Power to issue, renew, or amend class 4 licence may be overridden
97AEffect of relocation
98When territorial authority consent required
99Application for territorial authority consent
100Considering and determining application for territorial authority consent
101Territorial authority must adopt class 4 venue policy
102Adoption and review of class 4 venue policy
103Provision of information relating to class 4 venues in territorial authority district
104Gaming machine profits must be banked
105Interest, etc, on gaming machine profits
105AManagement of gaming machine profits bank account
106Corporate society must apply or distribute net proceeds from class 4 gambling to or for authorised purpose
107Corporate society must provide annual report to Secretary
108Contents of annual report
108AAudit must be carried out in accordance with auditing and assurance standards
108BClubs that operate gambling equipment at non-commercial class 4 venues must make financial statements available to members
108COther corporate societies must make financial statements available on Internet
109Annual review of criteria for distribution of net proceeds
110Publication requirements for corporate societies
111Application or distribution of net proceeds when corporate society ceases class 4 gambling
112Orders regarding application or distribution of net proceeds
113Key persons must not be involved in certain activities or decisions
114Regulations regarding application or distribution of net proceeds from class 4 gambling
115Payment of commission prohibited
115ADuty on grant recipients
116Secretary may limit or exclude costs of corporate society
117Secretary may investigate and audit licensees, grant recipients, and businesses at class 4 venues
118Certain persons must not seek, receive, or offer benefits with conditions attached
119Requirements for casino gambling
120Racing betting and sports betting in casinos
121Casino branding
122Existing casino licences and agreements
123Directions as to operating casinos
124Suitability requirements
125Gambling Commission must investigate application concerning casino licences
126Mortgage or assignment of casino licence
127Casino licence not transferable
128Application for casino operator’s licence
129Consideration of application
130Grant of casino operator’s licence
131Expiry of casino operator’s licence
132Approval of casino venue agreement
133Consideration of application
134Application for renewal of casino venue licence
135Process for determining applications for renewal
136Information and matters to be considered
137Renewal of casino venue licence
138Expiry of casino venue licence
139Conditions of casino licence
140Procedure for specifying, varying, or revoking casino licence conditions
141Minimum operating standards in casino licences
142Procedure for specifying, varying, or revoking minimum operating standards
143Appeal to Gambling Commission
144Suspension or cancellation of casino licence
145Procedure for suspending or cancelling casino licence
146Notification of suspension and cancellation
147Surrender of casino licence
148Appeal against cancellation or suspension [Repealed]
149Approval for associated persons required
150Appeal to Gambling Commission
151Responsibilities of person who acquires significant influence without approval
152Licensee to seek prior approval
153Responsibility of licensee aware of person with significant influence
154Affected transactions
155Review of associated persons by Secretary
156Actions that may be taken by Gambling Commission
157Existing certificates of approval
158Certain casino employees must be approved
159Application for certificate of approval
160Secretary must investigate application for certificate of approval
161Information and matters that Secretary may take into account
162Refusal of application for certificate of approval
163Issue of certificate of approval
164Expiry of certificate of approval
165Commencement of duties before issue of certificate of approval
166Application for suspension or cancellation of certificate of approval
167Making and revoking order suspending or cancelling certificate of approval
168Secretary must notify casino
169Surrender of certificate of approval
170Restriction on holder of certificate of approval
171Appeal to Gambling Commission regarding certificate of approval
172Restricted hours of operation
173On-licences under Sale and Supply of Alcohol Act 2012
174Charges to enter and play not permitted
175Information for customers
176Training for employees
177Books must be kept in casino venue
178Gambling equipment must be kept in casino venue
179Obligation on disposal of gaming machines
180Prohibition on certain gaming machines in casino
181Restriction on certain agreements
182Review of agreements
183Procedure after issue of notice
184Consequences of termination of agreement
185Bank may be required to provide information
186Investigation of complaints
187Temporary authority
188Society may engage licensed promoter
189Licensed promoter may only promote licensed class 3 gambling activity
190Existing licensed promoter licences
191Eligibility for licensed promoter’s licence
192Application for licensed promoter’s licence
193Notice of licence application
194Objections
195Applicant must provide bond given by approved surety
196When bond must be paid to Secretary
197Secretary may appoint administrator
198Compensation claims
199Consideration and payment of claims
200Secretary must investigate applicant for licensed promoter’s licence
201Grounds for granting licensed promoter’s licence
202Secretary must notify Police if licence granted
203Content and conditions of licensed promoter’s licence
203ASignificant changes in relation to licensed promoter’s licence must be notified
204Secretary must keep register of licensed promoters
205Renewal of licensed promoter’s licence
205AAmending licensed promoter’s licence
206Suspension or cancellation of licensed promoter’s licence
207Procedure for suspending, cancelling, or refusing to renew licensed promoter’s licence
208Consequences of suspension, cancellation, or refusal to renew licensed promoter’s licence
209Appeal to Gambling Commission regarding licensed promoter’s licence
210Consequences of appeal regarding licensed promoter’s licence
211Licensed promoter must have trust account
212Trust account must be audited
213Licensed promoter must render account to society
214Surrender of licensed promoter’s licence
215Temporary licence
216Revocation of temporary licence
217Incomplete promotions
218Licensed promoter’s licence not transferable
219Regulations relating to licensed promoters
220Establishment of Gambling Commission
221Membership
222Appointment criteria
223Termination of appointment of Gambling Commissioner
224Functions of Gambling Commission
225Gambling Commission is Commission of Inquiry
225AProtection of Gambling Commission and Department
226Gambling Commission may engage experts and receive wide evidence
227Gambling Commission may sit in divisions
228Department must service Gambling Commission
229Gambling Commission must provide annual report to Minister
230Remuneration of Gambling Commissioners
231Disclosure of interests
232Corrupt use of official information
233Other enactments applying to Gambling Commission
234Schedule 3 applies to Gambling Commission
235Appeals
236New Zealand Lotteries Commission
237Crown entity status
238Functions of Lotteries Commission
239Capacity and powers [Repealed]
240Board of Lotteries Commission
241Further provisions about Lotteries Commission
242Ministerial directions
243Lottery rules
244Minister may require Lotteries Commission products to comply with regulations and minimum standards
245Special purpose lotteries
246Lotteries Commission may determine additional prizes
247Lottery proceeds
248Method of drawing lottery
249Scrutiny of drawings and allocations
250Drawings to be open to public at discretion of Lotteries Commission
251Official result
252Lottery prize fund
253Entitlement to prizes
254Claims to lottery prizes
255No entitlement to interest
256Unclaimed prizes
257Funds of Lotteries Commission
258Bank accounts [Repealed]
259Estimates of income and expenditure
260Borrowing powers [Repealed]
261Loans
262Investment of funds
263Payment of profits
264Exemption from income tax
265Financial year [Repealed]
266Accounts and audit
267Protection of name
268Protection of product names
269Contracts with other bodies [Repealed]
270Accounts of bodies assisting Lotteries Commission and audit of accounts
271Members of Lotteries Commission continue in office
272New Zealand Lottery Grants Board
273Members and procedure
274Function of Board
275Powers of Board
276Amounts available for allocation by Board
277Purposes for which profits may be distributed
278Distributions by Minister
279Allocation of profits to certain statutory bodies
280Distribution committees
281Functions of distribution committees
282Applications for assistance
283Payments of grants
284Subsidies and loans
285Secretary is corporation sole for certain purposes
286Bank accounts
287Investment of money
288Loans to Lotteries Commission
289Miscellaneous expenditure
290Accounts of profits and audit
291Crown entity
292Appointment of officers
293Remuneration of members of Board and distribution committees
294Protection of members, distribution committees, and employees
295Annual report
296Transitional provision
297Casino Control Authority abolished [Repealed]
298Consequences of dissolution [Repealed]
299Third parties [Repealed]
300Employees of Authority [Repealed]
301Age restriction on instant games and similar games
302Age restriction on class 4 gambling
303Age restriction on gambling in casinos
304Power to require particulars
305Gambling operator must refuse to pay under-age person
306Court may order return of money or prize
307Admission to class 4 venue and casino venue
308Requirement to develop policy for identifying problem gamblers
309Exclusion order may be issued to problem gambler identified under section 308
309ADuty to assist problem gambler if ongoing concern exists
310Exclusion order must be issued to self-identified problem gambler
311Requirement to remove person who enters gambling venue in breach of exclusion order
312Offences relating to breach of exclusion order
312ADuty to keep record of excluded persons
313Regulations relating to harm prevention and minimisation
314Regulations relating to gaming machines in class 4 venue
315Regulations relating to admission to and exclusion from gambling area of class 4 venue and casino venue
316Regulations relating to exclusion of problem gamblers
317Integrated problem gambling strategy focused on public health
318Process for developing integrated problem gambling strategy
319Regulations relating to problem gambling levy
320Calculating levy
320ALevy may be calculated for period of less than 3 years
321Initial levy [Repealed]
322Early reconsideration
323Collection
324Accountability
325Problem gambling committee [Repealed]
326Gambling equipment must comply with minimum standards
326ATemporary operation of gambling equipment for research or evaluation purposes
327Secretary may prescribe minimum standards
328Secretary must give notice of minimum standard
329Transitional provision relating to gambling equipment
330Secretary may appoint gambling inspectors
331Authority to act as gambling inspector
332Functions of gambling inspector
333Power of gambling inspector to require information or documents
334Power of gambling inspector to enter and demand information
335Power of gambling inspector to seize equipment in casino venue
336Power of gambling inspector to seize equipment in public place
337Return of equipment seized under section 335 or section 336 [Repealed]
338Other powers of gambling inspectors
339Functions and powers of Police
340Search warrants
341Form and content of search warrant [Repealed]
342Powers conferred by search warrant [Repealed]
343Requirements when executing search warrant [Repealed]
344Police may arrest persons found at place
345Disposal of things seized under search warrant [Repealed]
346Obstructing gambling inspector
347Restriction on class 4 gambling by certain persons
348Restriction on gambling in casino by certain persons
349Gambling inspectors and Police not criminally liable
350Transitional provision relating to gambling inspectors
351Cheating
352Being in possession of equipment for cheating
353Counterfeit chips
354Relationship of this Part with Part 2
355Proceedings for offences
356Infringement offences
357Issue of infringement notice
358Reminder notices
359Infringement fees
360Regulations relating to infringement offences
361Evidence of gambling
362Evidence of bookmaking
363Forfeiture
364Notification
365Information gathering
366Secretary may issue standard forms
367Power to make game rules
368Regulations relating to forms of gambling and gambling equipment
369Regulations relating to forms
370Regulations relating to fees
370ARegulations relating to offences
371Other regulations
372Consultation before regulation
373Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977 [Repealed]
374Amendments to other enactments
375Repeals and revocations
376Savings
377Decisions during transitional period
Reprint notes