201 Grounds for granting licensed promoter’s licence

(1)

The Secretary must refuse to grant a licensed promoter’s licence unless the Secretary is satisfied that the applicant is suitable and will comply with all relevant requirements of this Act.

(2)

In determining whether an applicant is suitable for a licensed promoter’s licence, the Secretary may investigate and take into account the following things:

(a)

whether the applicant or a key person has, within the last 7 years,—

(i)

been convicted of a relevant offence:

(ii)

held, or been a key person in relation to, a licence under this Act or previous gaming Acts that has been cancelled, or 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 profile of past compliance by the applicant and each 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

(c)

the financial position and credit history of the applicant and each key person.

(3)

The Secretary may take into account matters of a similar nature to those listed in subsection (2) that occurred outside New Zealand.

(4)

The Secretary must refuse to grant an application for a licensed promoter’s licence if—

(a)

the Secretary refuses to approve a person nominated as a surety under section 195(3); or

(b)

the applicant refuses to provide the information required by the Secretary under section 200(2)(a).

(5)

If the Secretary decides to refuse to grant a licensed promoter’s licence, the Secretary must notify the applicant of—

(a)

the reason for the decision; and

(b)

the right to appeal the decision; and

(c)

the process to be followed for an appeal under section 209.

Section 201(1): amended, on 3 March 2015, by section 83(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 201(2): replaced, on 3 March 2015, by section 83(2) of the Gambling Amendment Act 2015 (2015 No 3).