68 Determining suitability for class 4 venue licence

(1)

In determining whether a key person is a suitable person for the purpose of sections 66 and 67, the Secretary may investigate and take into account the following things:

(a)

whether he, she, or it has, within the last 7 years,—

(i)

been convicted of a relevant offence:

(ii)

held, or been a key person in relation to, a class 3 or class 4 operator’s licence, a class 4 venue licence, a casino licence, or a licensed promoter’s licence under this Act or any licence under previous gaming Acts that has been cancelled, suspended, or for which an application for renewal has been refused:

(iii)

been placed in receivership, gone into liquidation, or been adjudged bankrupt:

(iv)

been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:

(v)

been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:

(vi)

been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:

(b)

the financial position and the credit history of the key person:

(c)

the profile of past compliance by the key person with—

(i)

this Act, minimum standards, game rules, Gazette notices, and licence conditions; and

(ii)

the Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts); and

(iii)

previous gaming Acts, and regulations made under previous gaming Acts; and

(iv)

a licence or a site approval issued under a previous gaming Act; and

(d)

any other matter that the Secretary considers relevant.

(2)

The Secretary may take into account matters of a similar nature to those listed in subsection (1) that occurred outside New Zealand.

Section 68(1)(a): amended, on 3 March 2015, by section 39(a) of the Gambling Amendment Act 2015 (2015 No 3).

Section 68(1)(a)(iv): inserted, on 3 March 2015, by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).

Section 68(1)(a)(v): inserted, on 3 March 2015, by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).

Section 68(1)(a)(vi): inserted, on 3 March 2015, by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).

Section 68(1)(c)(iv): amended, on 21 October 2015, by section 15(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 68(1)(d): inserted, on 21 October 2015, by section 15(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).