Reprint as at 30 April 2014

Gambling Act 2003

Public Act2003 No 51
Date of assent18 September 2003
Commencementsee 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

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Interpretation

5 Meaning of conducting gambling

6 Multi-terminal and multi-player gaming machines

7 Meaning of significant influence in casino

8 Secretary may seek information to assess influence

Part 2
Gambling

Subpart 1Prohibitions and authorisations

9 Gambling prohibited

10 No more casinos

11 No increase in casino gambling

12 What is increase in casino gambling

13 No compensation

14 Legality of gambling contracts

15 Providing credit for gambling prohibited

16 Advertising overseas gambling prohibited

17 Regulations may specify property that must not be used to reward winners

18 Sales promotion schemes authorised

19 Offences

Subpart 2Classes of gambling

Overview

20 Overview

21 Secretary may categorise gambling

Class 1 gambling

22 Meaning of class 1 gambling

23 No licence required

Class 2 gambling

24 Meaning of class 2 gambling

25 Requirements for class 2 gambling

26 No licence required

Class 3 gambling

27 Meaning of class 3 gambling

28 Requirements for class 3 gambling

29 Existing licences class 3 operators’ licences

Class 4 gambling

30 Meaning of class 4 gambling

31 Requirements for class 4 gambling

32 Existing gaming machine licences and site approvals

33 Status of New Zealand Racing Board and racing clubs

34 Meaning of casino gambling

Subpart 3Licensing of class 3 gambling

Applications for class 3 operator’s licence

35 Application for class 3 operator’s licence

36 Secretary must investigate applicant for class 3 operator’s licence

Grant of class 3 operator’s licence

37 Grounds for granting class 3 operator’s licence

38 Content and conditions of class 3 operator’s licence

39 Significant changes in relation to class 3 operator’s licence must be notified

40 Change of purpose and winding up provisions of holder of class 3 operator’s licence ineffective without approval

Renewal or amendment of class 3 operator’s licence

41 Renewal of class 3 operator’s licence

42 Amending class 3 operator’s licence

Suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

43 Suspension or cancellation of class 3 operator’s licence

44 Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence

45 Consequences of suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

46 Appeal to Gambling Commission regarding class 3 operator’s licence

47 Consequences of appeal regarding class 3 operator’s licence

Other matters

48 Surrender of class 3 operator’s licence

49 Class 3 operator’s licence not transferable

Subpart 4Licensing of class 4 gambling

Applications for class 4 operator’s licence

50 Application for class 4 operator’s licence

51 Secretary must investigate applicant for class 4 operator’s licence

Grant of class 4 operator’s licence

52 Grounds for granting class 4 operator’s licence

53 Content and conditions of class 4 operator’s licence

54 Significant changes in relation to class 4 operator’s licence must be notified

55 Change of purpose and winding up provisions of holder of class 4 operator’s licence ineffective without approval

Renewal or amendment of class 4 operator’s licence

56 Renewal of class 4 operator’s licence

57 Amending class 4 operator’s licence

Suspension, cancellation, or refusal to amend or renew class 4 operator’s licence

58 Suspension or cancellation of class 4 operator’s licence

59 Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence

60 Consequences of suspension, cancellation, or refusal to amend or renew class 4 operator’s licence

61 Appeal to Gambling Commission regarding class 4 operator’s licence

62 Consequences of appeal regarding class 4 operator’s licence

Other matters

63 Surrender of class 4 operator’s licence

64 Class 4 operator’s licence not transferable

Applications for class 4 venue licence

65 Application for class 4 venue licence

66 Secretary must investigate applicant for class 4 venue licence

Grant of class 4 venue licence

67 Grounds for granting class 4 venue licence

68 Determining suitability for class 4 venue licence

69 Form and content of class 4 venue agreement

70 Content and conditions of class 4 venue licence

71 Significant changes in relation to class 4 venue licence must be notified

Renewal or amendment of class 4 venue licence

72 Renewal of class 4 venue licence

73 Amending class 4 venue licence

Suspension, cancellation, or refusal to amend or renew class 4 venue licence

74 Suspension or cancellation of class 4 venue licence

75 Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence

76 Consequences of suspension, cancellation, or refusal to amend or renew class 4 venue licence

77 Appeal to Gambling Commission regarding class 4 venue licence

78 Consequences of appeal regarding class 4 venue licence

Other matters

79 Surrender of class 4 venue licence

80 Class 4 venue licence not transferable

81 Complaints to Secretary

82 Certain information must be displayed at class 4 venue

83 Obligation on disposal of gaming machines

84 Prohibition on certain gaming machines in class 4 venue

Disabling gambling equipment and electronic monitoring of gaming machines

85 Disabling gambling equipment

86 Holder of class 4 operator’s licence must connect to electronic monitoring system

87 Functions of electronic monitoring system

88 Secretary may select monitor

Particular limits on numbers of gaming machines

89 Notification required

90 Register of class 4 venue licences must be maintained

91 No compensation

92 Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001

93 Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but before commencement

94 Limit on number of gaming machines for venue with venue licence granted after commencement

95 Ministerial discretion to permit more gaming machines if clubs merge

96 Ministerial discretion to permit more than 9 machines at certain class 4 venues

97 Power to issue, renew, or amend class 4 licence may be overridden

97A Effect of relocation

Territorial authority consent

98 When territorial authority consent is required

99 Application for territorial authority consent

100 Considering and determining application for territorial authority consent

101 Territorial authority must adopt class 4 venue policy

102 Adoption and review of class 4 venue policy

103 Provision of information relating to class 4 venues in territorial authority district

Net proceeds and costs of class 4 gambling

104 Gaming machine profits must be banked

105 Interest, etc, on gaming machine profits

106 Corporate society must apply or distribute net proceeds from class 4 gambling to or for authorised purpose

107 Corporate society must provide annual report to Secretary

108 Contents of annual report

108A Audit must be carried out in accordance with auditing and assurance standards

108B Clubs that operate gambling equipment at non-commercial class 4 venues must make financial statements available to members

108C Other corporate societies must make financial statements available on Internet

109 Annual review of criteria for distribution of net proceeds

110 Publication requirements for corporate societies

111 Application or distribution of net proceeds when corporate society ceases class 4 gambling

112 Orders regarding application or distribution of net proceeds

113 Key persons must not be involved in certain activities or decisions

114 Regulations regarding application or distribution of net proceeds from class 4 gambling

115 Payment of commission prohibited

116 Secretary may limit or exclude costs of corporate society

117 Secretary may investigate and audit licensees, grant recipients, and businesses at class 4 venues

118 Certain persons must not seek, receive, or offer benefits with conditions attached

Subpart 5Licensing of casino gambling

General provisions

119 Requirements for casino gambling

120 Racing betting and sports betting in casinos

121 Casino branding

122 Existing casino licences and agreements

123 Directions as to operating casinos

124 Suitability requirements

125 Gambling Commission must investigate application concerning casino licences

126 Mortgage or assignment of casino licence

127 Casino licence not transferable

Casino operator’s licence

128 Application for casino operator’s licence

129 Consideration of application

130 Grant of casino operator’s licence

131 Expiry of casino operator’s licence

Casino venue agreements

132 Approval of casino venue agreement

133 Consideration of application

Renewal of casino venue licence

134 Application for renewal of casino venue licence

135 Process for determining applications for renewal

136 Information and matters to be considered

137 Renewal of casino venue licence

138 Expiry of casino venue licence

Amendment of casino licence

139 Conditions of casino licence

140 Procedure for specifying, varying, or revoking casino licence conditions

141 Minimum operating standards in casino licences

142 Procedure for specifying, varying, or revoking minimum operating standards

143 Appeal to Gambling Commission

Suspension, cancellation, and surrender of casino licence

144 Suspension or cancellation of casino licence

145 Procedure for suspending or cancelling casino licence

146 Notification of suspension and cancellation

147 Surrender of casino licence

148 Appeal against cancellation or suspension

Associated persons

149 Approval for associated persons required

150 Appeal to Gambling Commission

151 Responsibilities of person who acquires significant influence without approval

152 Licensee to seek prior approval

153 Responsibility of licensee aware of person with significant influence

154 Affected transactions

155 Review of associated persons by Secretary

156 Actions that may be taken by Gambling Commission

Certificates of approval

157 Existing certificates of approval

158 Certain casino employees must be approved

159 Application for certificate of approval

160 Secretary must investigate application for certificate of approval

161 Information and matters that Secretary may take into account

162 Refusal of application for certificate of approval

163 Issue of certificate of approval

164 Expiry of certificate of approval

165 Commencement of duties before issue of certificate of approval

166 Application for suspension or cancellation of certificate of approval

167 Making and revoking order suspending or cancelling certificate of approval

168 Secretary must notify casino

169 Surrender of certificate of approval

170 Restriction on holder of certificate of approval

171 Appeal to Gambling Commission regarding certificate of approval

Operation of casinos

172 Restricted hours of operation

173 On-licences under Sale and Supply of Alcohol Act 2012

174 Charges to enter and play not permitted

175 Information for customers

176 Training for employees

177 Books must be kept in casino venue

178 Gambling equipment must be kept in casino venue

179 Obligation on disposing of gaming machine

180 Prohibition on certain gaming machines in casino

181 Restriction on certain agreements

182 Review of agreements

183 Procedure after issue of notice

184 Consequences of termination of agreement

185 Bank may be required to provide information

186 Investigation of complaints

187 Temporary authority

Subpart 6Licensed promoters of class 3 gambling

188 Society may engage licensed promoter

189 Licensed promoter may only promote licensed class 3 gambling activity

190 Existing licensed promoter licences

Applications for licensed promoter’s licence

191 Eligibility for licensed promoter’s licence

192 Application for licensed promoter’s licence

193 Notice of licence application

194 Objections

Bond

195 Applicant must provide bond given by approved surety

196 When bond must be paid to Secretary

197 Secretary may appoint administrator

198 Compensation claims

199 Consideration and payment of claims

Grant of licensed promoter’s licence

200 Secretary must investigate applicant for licensed promoter’s licence

201 Grounds for granting licensed promoter’s licence

202 Secretary must notify Police if licence granted

203 Content and conditions of licensed promoter’s licence

204 Secretary must keep register of licensed promoters

Renewal of licensed promoter’s licence

205 Renewal of licensed promoter’s licence

Suspension, cancellation, or refusal to renew licensed promoter’s licence

206 Suspension or cancellation of licensed promoter’s licence

207 Procedure for suspending, cancelling, or refusing to renew licensed promoter’s licence

208 Consequences of suspension, cancellation, or refusal to renew licensed promoter’s licence

209 Appeal to Gambling Commission regarding licensed promoter’s licence

210 Consequences of appeal regarding licensed promoter’s licence

Trust account

211 Licensed promoter must have trust account

212 Trust account must be audited

213 Licensed promoter must render account to society

Other matters

214 Surrender of licensed promoter’s licence

215 Temporary licence

216 Revocation of temporary licence

217 Incomplete promotions

218 Licensed promoter’s licence not transferable

219 Regulations relating to licensed promoters

Part 3
Institutions

Subpart 1Gambling Commission

220 Establishment of Gambling Commission

221 Membership

222 Appointment criteria

223 Termination of appointment of Gambling Commissioner

224 Functions of Gambling Commission

225 Gambling Commission is Commission of Inquiry

226 Gambling Commission may engage experts and receive wide evidence

227 Gambling Commission to sit in divisions

228 Department must service Gambling Commission

229 Gambling Commission must provide annual report to Minister

230 Remuneration of Gambling Commissioners

231 Disclosure of interests

232 Corrupt use of official information

233 Other enactments applying to Gambling Commission

234 Schedule 3 applies to Gambling Commission

235 Appeals

Subpart 2New Zealand Lotteries Commission

New Zealand Lotteries Commission

236 New Zealand Lotteries Commission

237 Crown entity status

238 Functions of Lotteries Commission

239 Capacity and powers [Repealed]

240 Board of Lotteries Commission

241 Further provisions about Lotteries Commission

242 Ministerial directions

Operation of New Zealand lotteries

243 Lottery rules

244 Minister may require Lotteries Commission products to comply with regulations and minimum standards

245 Special purpose lotteries

246 Lotteries Commission may determine additional prizes

247 Lottery proceeds

248 Method of drawing lottery

249 Scrutiny of drawings and allocations

250 Drawings to be open to public at discretion of Lotteries Commission

251 Official result

252 Lottery prize fund

253 Entitlement to prizes

254 Claims to lottery prizes

255 No entitlement to interest

256 Unclaimed prizes

Financial provisions relating to Lotteries Commission

257 Funds of Lotteries Commission

258 Bank accounts [Repealed]

259 Estimates of income and expenditure

260 Borrowing powers [Repealed]

261 Loans

262 Investment of funds

263 Payment of profits

264 Exemption from income tax

265 Financial year [Repealed]

266 Accounts and audit

Other matters

267 Protection of name

268 Protection of product names

269 Contracts with other bodies [Repealed]

270 Accounts of bodies assisting Lotteries Commission and audit of accounts

Transitional provision

271 Members of Lotteries Commission continue in office

Subpart 3New Zealand Lottery Grants Board

New Zealand Lottery Grants Board

272 New Zealand Lottery Grants Board

273 Members and procedure

274 Function of Board

275 Powers of Board

276 Amounts available for allocation by Board

277 Purposes for which profits may be distributed

278 Distributions by Minister

279 Allocation of profits to certain statutory bodies

Distribution committees

280 Distribution committees

281 Functions of distribution committees

Applications for grants

282 Applications for assistance

283 Payments of grants

284 Subsidies and loans

285 Secretary is corporation sole for certain purposes

Financial provisions relating to Board and distribution committees

286 Bank accounts

287 Investment of money

288 Loans to Lotteries Commission

289 Miscellaneous expenditure

290 Accounts of profits and audit

291 Crown entity

Miscellaneous provisions

292 Appointment of officers

293 Remuneration of members of Board and distribution committees

294 Protection of members, distribution committees, and employees

295 Annual report

Transitional provision

296 Transitional provision

Subpart 4Casino Control Authority

297 Casino Control Authority abolished

298 Consequences of dissolution

299 Third parties

300 Employees of Authority

Part 4
Harm prevention and minimisation, enforcement, and other matters

Subpart 1Age restriction on certain gambling

301 Age restriction on instant games and similar games

302 Age restriction on class 4 gambling

303 Age restriction on gambling in casinos

304 Power to require particulars

305 Gambling operator must refuse to pay under-age person

306 Court may order return of money or prize

Subpart 2Admission to venues

307 Admission to class 4 venue and casino venue

308 Requirement to develop policy for identifying problem gamblers

309 Exclusion order may be issued to problem gambler identified under section 308

310 Exclusion order must be issued to self-identified problem gambler

311 Requirement to remove person who enters gambling venue in breach of exclusion order

312 Offences relating to breach of exclusion order

Subpart 3Regulations relating to harm prevention and minimisation

313 Regulations relating to harm prevention and minimisation

314 Regulations relating to gaming machines in class 4 venue

315 Regulations relating to admission to and exclusion from gambling area of class 4 venue and casino venue

316 Regulations relating to exclusion of problem gamblers

Subpart 4Problem gambling levy

317 Integrated problem gambling strategy focused on public health

318 Process for developing integrated problem gambling strategy

319 Regulations relating to problem gambling levy

320 Calculating levy

321 Initial levy

322 Early reconsideration

323 Collection

324 Accountability

325 Problem gambling committee

Subpart 5Minimum standards for gambling equipment

326 Gambling equipment must comply with minimum standards

327 Secretary may prescribe minimum standards

328 Secretary must give notice of minimum standard

Transitional provision

329 Transitional provision relating to gambling equipment

Subpart 6Gambling inspectors

330 Secretary may appoint gambling inspectors

331 Authority to act as gambling inspector

332 Functions of gambling inspector

333 Power of gambling inspector to require information or documents

334 Power of gambling inspector to enter and demand information

335 Power of gambling inspector to seize equipment in casino venue

336 Power of gambling inspector to seize equipment in public place

337 Return of equipment seized under section 335 or section 336 [Repealed]

338 Other powers of gambling inspectors

339 Functions and powers of Police

Search warrants

340 Search warrants

341 Form and content of search warrant [Repealed]

342 Powers conferred by search warrant [Repealed]

343 Requirements when executing search warrant [Repealed]

344 Police may arrest persons found at place

345 Disposal of things seized under search warrant [Repealed]

Other matters

346 Obstructing gambling inspector

347 Restriction on class 4 gambling by certain persons

348 Restriction on gambling in casino by certain persons

349 Gambling inspectors and Police not criminally liable

Transitional provision

350 Transitional provision relating to gambling inspectors

Subpart 7Offences relating to gambling in casinos

351 Cheating

352 Being in possession of equipment for cheating

353 Counterfeit chips

Subpart 8Proceedings, evidence, etc

354 Relationship of this Part with Part 2

355 Proceedings for offences

Infringement offences

356 Infringement offences

357 Issue of infringement notice

358 Reminder notices

359 Infringement fees

360 Regulations relating to infringement offences

Evidence

361 Evidence of gambling

362 Evidence of bookmaking

363 Forfeiture

Subpart 9Other matters

364 Notification

365 Information gathering

366 Secretary may issue standard forms

367 Power to make game rules

368 Regulations relating to forms of gambling and gambling equipment

369 Regulations relating to forms

370 Regulations relating to fees

371 Other regulations

372 Consultation before regulation

373 Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977

374 Amendments to other enactments

375 Repeals and revocations

376 Savings

377 Decisions during transitional period

Schedule 1
Conditions that may attach to casino licence

Schedule 2
Minimum operating standards

Schedule 3
Gambling Commission

Schedule 4
New Zealand Lotteries Commission

Schedule 5
New Zealand Lottery Grants Board and distribution committees

Schedule 6
Infringement offences

Schedule 7
Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977

Schedule 8
Amendments to Racing Act 2003

Schedule 9
Amendments to other Acts

Reprint notes