New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) 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—
(a) means a person or entity declared by the Secretary, by notice in the Gazette, to be an approved surety for the purpose of section 195; and
(b) 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 under section 141
authorised purpose means,—
(a) for class 1 gambling, class 2 gambling, and class 3 gambling, any of the following purposes:
(i) a charitable purpose:
(ii) a non-commercial purpose that is beneficial to the whole or a section of the community:
(iii) promoting, controlling, and conducting race meetings under the Racing Act 2003, including the payment of stakes:
(iv) an electioneering purpose:
(b) 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 by the 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 under section 272 of this Act
bookmaking—
(a) means running a business or making, or endeavouring to make, a living, totally or partly, from any of the following activities:
(i) taking or negotiating bets:
(ii) organising pool betting:
(iii) matching gamblers:
(iv) laying or offering odds:
(v) offering to bet with more than 1 person; but
(b) does not include—
(i) the activities of the New Zealand Racing Board or a racing club under the Racing Act 2003; or
(ii) private gambling; or
(iii) casino gambling
broadcaster 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
casino gambling has the meaning given by section 34
casino licence means a casino operator’s licence or a casino venue licence
casino operator’s licence means a licence granted under section 130; and includes an existing casino operator’s licence
casino venue, in relation to a licensed casino,—
(a) means the area defined as constituting the casino in the casino venue licence; and
(b) 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 of games 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 operator’s 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 27
class 3 operator’s licence means a licence granted under section 37
class 4 gambling has the meaning given by section 30
class 4 operator’s licence means—
(a) a licence granted under section 52; or
(b) 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 operator’s licence or a class 4 venue licence and the venue operator that sets out their respective rights and responsibilities
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—
(a) incorporated under the Incorporated Societies Act 1908; or
(b) incorporated as a board under the Charitable Trusts Act 1957; or
(c) a company incorporated under the Companies Act 1993 that—
(i) does not have the capacity or power to make a profit; and
(ii) is incorporated and conducted solely for authorised purposes; or
(d) a working men’s 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 has assumed 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 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—
(a) 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
(b) remotely enable or disable a gaming machine
existing 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 operator’s licence means a casino operator’s 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 way of gaming machines granted under section 8 of the Gaming and Lotteries Act 1977
existing licensed promoter’s licence means a licensed promoter’s licence granted under section 47 of the Gaming and Lotteries Act 1977
gambling—
(a) 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
(b) includes a sales promotion scheme; and
(c) includes bookmaking; and
(d) includes betting, paying, or staking consideration on the outcome of a sporting event; but
(e) does not include an act, behaviour, or transaction that is declared not to be gambling by regulations made under section 368
gambling area means,—
(a) for a class 4 venue, that part of the venue that is specified by the Secretary, under section 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
(b) 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 venue
Gambling Commission means the commission established by section 220
Gambling Commissioner means a person appointed under section 221 as a member of the Gambling Commission
gambling equipment—
(a) means a machine, device, or thing used remotely or directly to conduct or monitor gambling; and
(b) includes equipment and things associated with the items specified in paragraph (a); and
(c) includes a gaming machine; and
(d) includes a machine, device, or thing declared to be gambling equipment by regulations made under section 368; but
(e) does not include a machine, device, or thing declared not to be gambling equipment by regulations made under section 368
gambling inspector means a person who is appointed as an inspector under section 330
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 under section 367
gaming machine—
(a) means a device, whether totally or partly mechanically or electronically operated, that is adapted or designed and constructed for use in gambling; and
(b) includes a device for gambling that is conducted partly by a machine and partly by other means; and
(c) includes a device, or type of device, that is declared to be a gaming machine by regulations made under section 368; but
(d) does not include—
(i) a device used only to draw a lottery; or
(ii) a random selection device used in a game of housie; or
(iii) a device used only to dispense tickets that is not capable of being used to decide the outcome of gambling; or
(iv) a communication device that is used both to dispense tickets in and draw a lottery that is a sales promotion scheme; and
(e) does not include a device, or type of device, that is declared not to be a gaming machine by regulations made under section 368; and
(f) does not include a device operated by the Lotteries Commission
government agency means a government department or Crown entity
harm—
(a) means harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling; and
(b) includes personal, social, or economic harm suffered—
(i) by the person; or
(ii) the person’s spouse, civil union partner, de facto partner, family, whanau, or wider community; or
(iii) in the workplace; or
(iv) by society at large
housie—
(a) means gambling in which—
(i) the numbers are selected randomly and announced to participants; and
(ii) the participants mark or cover the numbers announced on their own cards; and
(iii) 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 to the organisers; and
(b) 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 or section 17(2)
infringement offence means—
(a) an offence against a section listed in Schedule 6:
(b) 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 chance
junket means entering New Zealand for a limited period of time with the primary purpose of gambling in a casino where—
(a) the arrangements are made, at least in part, by a junket organiser; and
(b) all, or a substantial part, of the costs of transportation, food, and accommodation for the 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,—
(a) in relation to a class 4 operator’s licence, a person who—
(i) is a trustee or other officer of a corporate society that is an applicant for, or holder of, a class 4 operator’s licence:
(ii) is the chief executive (or performs that function) of a corporate society that is an applicant for, or holder of, a class 4 operator’s licence:
(iii) exercises significant influence in the management of a corporate society that is an applicant for, or holder of, a class 4 operator’s licence; and
(b) in relation to a class 4 venue licence,—
(i) a venue manager:
(ii) venue personnel:
(iii) a venue operator:
(iv) a person who is a director, chief executive, or senior manager of a venue operator:
(iva) any other person whom the Secretary reasonably believes to have a significant interest in the management, ownership, or operation of a venue operator, except for the following persons holding office, elected, or appointed under the Sale of Liquor Act 1989:
(A) a member of a licensing trust elected in accordance with sections 191 to 194 of that Act or appointed under section 195 of that Act; or
(B) a trustee of a community trust holding office under section 219Q of that Act or elected in accordance with section 219R of that Act or appointed under section 219U of that Act:
(v) a person contracted to service gambling equipment at a class 4 venue; and
(c) in relation to a licensed promoter’s licence, a person who—
(i) is a director of, or holds office in, a company that is an applicant for, or holder of, a licensed promoter’s licence:
(ii) is the chief executive (or performs that function) of a company that is the applicant for, or holder of, a licensed promoter’s licence:
(iii) exercises significant influence in relation to a natural person who is the applicant for, or holder of, a licensed promoter’s licence
licensed promoter means a person who is granted a licence under section 201 to promote a class 3 gambling activity on behalf of a society
licensed promoter’s agreement means the agreement between a society and a licensed promoter referred to in section 188(3)
licensed promoter’s licence means a licence granted under section 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 under section 236 of this Act
lottery—
(a) means a scheme or device involving multiple participants for which—
(i) a person pays consideration to participate, directly or indirectly; and
(ii) prizes of money are distributed according to a draw that takes place after all participants have entered; and
(b) includes 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 under section 327
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—
(a) money’s worth, whether or not convertible into money; and
(b) the right to money; and
(c) 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 gambling equipment purchased from that turnover or investment return less—
(a) the actual, reasonable, and necessary costs (including prizes), levies, and taxes incurred in conducting the gambling; and
(b) the actual, reasonable, and necessary costs incurred in complying with whichever of the following apply to the gambling:
(i) this Act or any other relevant Act:
(ii) an operator’s licence:
(iii) a venue licence
New Zealand lottery—
(a) means a form of gambling promoted by the Lotteries Commission under subpart 2 of Part 3 by means of—
(i) a lottery; or
(ii) a prize competition; or
(iii) an instant game; or
(iv) a combination of any of those 3 things; and
(b) includes any other gambling activity specified by regulations made under section 368 as a New Zealand lottery; but
(c) does not include any other gambling activity excluded by regulations made under section 368 from being a New Zealand lottery
occupier—
(a) means a person who is entitled to occupy a place; and
(b) includes—
(i) the owner of the place; and
(ii) a person who acts as if the person were the occupier of the place; and
(iii) a person who is involved in the care, management, or control of the place, whether or not the person is the physical occupier
operator’s licence means a class 3 operator’s licence, a class 4 operator’s licence, or a casino operator’s licence
organiser, 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—
(a) publicises or promotes gambling that is outside New Zealand or a gambling operator who is outside New Zealand; or
(b) 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 includes—
(a) a building, structure, or tent, whether fully or partly constructed; and
(b) a room in a building or structure; and
(c) a court or a mall; and
(d) land; and
(e) a vehicle, vessel, or aircraft; and
(f) a caravan or a trailer or other conveyance
prescribed fee means a fee prescribed by regulations made under section 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:
(a) all the stakes placed are distributed as reward to the winners; and
(b) the gambling is, primarily, a social event or entertainment; and
(c) no remuneration, commission, or reward is paid to, or received by, a person for conducting the gambling; and
(d) 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
(e) 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
(f) all participants have an equal chance of winning; and
(g) no person other than a participant has a chance of winning; and
(h) no one pays for admission, directly or indirectly; and
(i) there are no deductions of any kind from a participant’s stakes or winnings
prize competition means a scheme or competition—
(a) for which direct or indirect consideration is paid to participate; and
(b) that distributes prizes of money or in which participants seek to win money; and
(c) 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,—
(a) the amounts of prize funds set in respect of New Zealand lotteries by any rules made under section 243; and
(b) all reasonable expenses incurred or expected to be incurred in conducting New Zealand lotteries; and
(c) all duties and taxes payable in respect of New Zealand lotteries; and
(d) the problem gambling levy payable in respect of New Zealand lotteries
property is defined in section 298(2) for the purpose of that section
publish means—
(a) insert or publish in a newspaper or other periodical published or distributed in New Zealand; or
(b) send to a person by any means; or
(c) deliver to a person or leave at a place owned or occupied by a person; or
(d) broadcast; or
(e) include in a film or video; or
(f) include on a disk for use with a computer; or
(g) convey by electronic medium; or
(h) distribute by any means; or
(i) display by way of a sign, notice, poster, or other means; or
(j) store electronically in a way that it is accessible to the public; or
(k) bring to the notice of the public in New Zealand in any other manner
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 bank has the meaning given by section 2(1) of the Reserve Bank of New Zealand Act 1989
relevant offence means—
(a) a crime involving dishonesty; or
(b) a crime considered by the Secretary or the Gambling Commission, as the case may be, to be relevant and serious; or
(c) an offence against this Act, the previous gaming Acts, the Racing Act 2003, or the Racing Act 1971; or
(d) an offence against a regulation made under the previous gaming Acts, the Racing Act 2003, or the Racing Act 1971
remote interactive gambling—
(a) includes gambling by a person at a distance by interaction through a communication device; but
(b) does not include—
(i) gambling promoted by the Lotteries Commission; or
(ii) gambling authorised under the Racing Act 2003; or
(iii) gambling by a person in New Zealand conducted by a gambling operator located outside New Zealand; or
(iv) 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—
(a) lawful, fair, and honest; and
(b) conducted—
(i) in a safe and secure environment; and
(ii) without pressure or devices designed to encourage gambling at levels that may cause harm; and
(iii) 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 under section 17, used by a creator, distributor, or vendor of goods or services to promote the sale of those goods or services if—
(a) participation in the gambling requires a person to purchase the goods or services promoted for a price not exceeding the usual retail price; and
(b) 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
(c) the person is not required to pay direct or indirect consideration other than to purchase the goods or services promoted; and
(d) the outcome is determined—
(i) randomly or wholly by chance; or
(ii) partly by chance (whether chance plays the greater or lesser part) and partly by the application of some knowledge or skill
Secretary 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 commercial purposes
standard form means a form issued by the Secretary under section 366
territorial authority—
(a) has the same meaning as in section 5(1) of the Local Government Act 2002; but
(b) 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 under section 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 there is 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.
(2) 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.
(3) 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): substituted, on 21 April 2005, by section 3 of the Gambling Amendment Act 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).
