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

Subpart 1—Age restriction on certain gambling

301 Age restriction on instant games and similar games

(1)

Every person under 18 years commits an offence who purchases, or attempts to purchase, a ticket in the following games, either on the person’s own behalf or on behalf of any other person:

(a)

an instant game that is a New Zealand lottery:

(b)

a New Zealand lottery that is highly repetitive or frequently drawn:

(c)

any other similar game run by the Lotteries Commission and that is declared by the Minister, by notice in the Gazette, to be subject to this section.

(2)

Every person commits an offence who purchases, or attempts to purchase, a ticket in a game listed in subsection (1) on behalf of a person under 18 years.

(3)

Every person commits an offence who—

(a)

sells, or offers to sell, a ticket in a game listed in subsection (1) to a person under 18 years, whether the ticket is purchased or intended to be purchased for that person or for any other person; or

(b)

provides credit to a person under 18 years to enable that person to purchase a ticket.

(4)

It is a defence to a charge under subsection (2) or subsection (3) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 18 years or over.

(5)

Without limiting subsection (4), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

(6)

Every person who commits an offence—

(a)

against subsection (1) is liable on conviction to a fine not exceeding $500:

(b)

against subsection (2) or subsection (3) is liable on conviction to a fine not exceeding $1,000.

(7)

A notice given under subsection (1)(c) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1977 No 84 s 116ZE

Section 301(5): amended, on 3 March 2015, by section 95 of the Gambling Amendment Act 2015 (2015 No 3).

Section 301(6)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 301(6)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 301(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).