Gambling (Harm Prevention and Minimisation) Regulations 2004

Reprint
as at 3 March 2015

Coat of Arms of New Zealand

Gambling (Harm Prevention and Minimisation) Regulations 2004

(SR 2004/276)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 30th day of August 2004

Present:
Her Excellency the Governor-General in Council


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.

These regulations are administered by the Department of Internal Affairs.


Pursuant to sections 313 and 314 of the Gambling Act 2003, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister of Internal Affairs after consultation with persons or organisations that appear to the Minister to be representative of the interests of persons likely to be substantially affected by these regulations, makes the following regulations.

Regulations

1 Title
  • These regulations are the Gambling (Harm Prevention and Minimisation) Regulations 2004.

2 Commencement
  • (1) Regulations 5 and 11 come into force on 1 April 2005.

    (2) Regulations 7 and 8 as far as they relate to—

    • (a) new gaming machines come into force on 1 October 2005:

    • (b) all other gaming machines come into force on 1 July 2009.

    (3) Regulations 9, 10, and 12 come into force on 1 October 2005.

    (4) The rest of these regulations come into force on 1 October 2004.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Gambling Act 2003

    gaming machine jackpot means an accumulated prize amount that is generated from a linked series of gaming machines

    new gaming machine means a new gaming machine that was purchased by the holder of a class 4 operator’s licence or casino operator’s licence on or after 1 October 2005

    single play

    • (a) means a sequence of actions and states in a gaming machine that are—

      • (i) activated by a player through a wagering of credits; and

      • (ii) terminated when—

        • (A) all the credits wagered by the player relating to those actions or states have been lost; or

        • (B) all winnings relating to those actions or states have been paid out to the player or transferred to the player’s credit meter and are no longer available to be wagered on that sequence; and

    • (b) includes any feature of the gaming machine that is triggered by the wagering of the credits, unless all winning credits are transferred to the player’s credit meter before the feature is activated.

    (2) In these regulations, a term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Restrictions on venues

4 Unsuitable class 4 venues
  • The following venues are declared unsuitable to be a class 4 venue:

    • (a) a venue at which the primary activity is anything other than onsite entertainment, recreation, or leisure focused on persons 18 years and over, including (without limitation)—

      • (i) a dairy, supermarket, or other similar venue:

      • (ii) a fast-food outlet or other similar venue:

      • (iii) an office:

      • (iv) a private residence:

      • (v) a sports stadium:

      • (vi) a circus, fair, amusement parlour, arcade or park, theme park, or other similar venue:

    • (b) a venue that is not a fixed permanent structure, including (without limitation)—

      • (i) a tent or marquee:

      • (ii) a vehicle, vessel, aircraft, trailer, or other conveyance:

    • (c) a footpath (whether or not undercover):

    • (d) a concourse area (whether or not enclosed):

    • (e) an Internet café or cyber-café, or any other venue at which the primary activity is electronic media (including games):

    • (f) a library, art gallery, museum, theatre, cinema, or other similar venue:

    • (g) a place of worship.

5 Restriction on automatic teller machines in class 4 and casino venues
  • The holder of a class 4 venue licence or casino operator’s licence must ensure that there are no automatic teller machines available in the gambling area of a venue in which it conducts gambling.

Stake and prize limits for class 4 gambling

6 Stake and prize limits for class 4 gambling
  • The holder of a class 4 operator’s licence must ensure, in relation to a gaming machine used to conduct class 4 gambling, that—

    • (a) the maximum amount that may be staked for a single play of the gaming machine (whether or not it is linked to other gaming machines) does not exceed $2.50; and

    • (b) the maximum prize for a single play of the gaming machine does not exceed $500; and

    • (c) the maximum jackpot prize for a single play of the gaming machine that is linked to other gaming machines does not exceed $1,000.

Requirements relating to gaming machines

7 Gaming machine must display certain messages
  • (1) The holder of a class 4 operator’s licence or casino operator’s licence must, at a venue at which it conducts gambling, ensure that a gaming machine includes a feature that provides the messages specified in subclause (2).

    (2) The messages are—

    • (a) game information, relating to—

      • (i) the odds of winning the game (including the 5 top and bottom winning combinations):

      • (ii) the average winnings paid out to players of the game over a particular period of time or a particular number of plays:

      • (iii) the maximum and minimum player spend rate for the game:

    • (b) player information, relating to—

      • (i) the duration of the player’s session of play; and

      • (ii) the amount, expressed in dollars and cents, that the player has spent during the player’s session of play; and

      • (iii) the player’s net wins or net losses during the player’s session of play.

    (3) The messages referred to in subclause (2) must be displayed at the election of the player.

    (4) The holder of a class 4 operator’s licence or casino operator’s licence must, at a venue at which it conducts gambling, ensure that a gaming machine displays the correct time while it is being used by a player.

8 Gaming machine must include feature that interrupts play
  • (1) The holder of a class 4 operator’s licence or casino operator’s licence must, at a venue at which it conducts gambling, ensure that a gaming machine includes a feature that—

    • (a) interrupts play at irregular intervals (not exceeding 30 minutes of continuous play); and

    • (b) informs the player of—

      • (i) the duration of the player’s session of play; and

      • (ii) the amount, expressed in dollars and cents, that the player has spent during the player’s session of play; and

      • (iii) the player’s net wins or net losses during the player’s session of play; and

    • (c) asks the player whether or not he or she wishes to continue with his or her session of play.

    (2) For the purposes of subclause (1)(c), if the player does not wish to continue with his or her session of play, the gaming machine must include a feature that automatically pays out any winnings and credits to the player.

Jackpot advertising and branding

9 Restriction on jackpot advertising at class 4 and casino venues
  • (1) This regulation applies to—

    • (a) the holder of a class 4 venue licence, and to the venue manager and venue operator, in relation to that licence; and

    • (b) the holder of a casino operator’s licence.

    (2) A person referred to in subclause (1) must ensure that no advertising relating to a gaming machine jackpot at the class 4 venue or casino venue (as the case may be) is published, either—

    • (a) inside the venue in a way that makes the gaming machine jackpot advertising visible or audible to persons outside the venue; or

    • (b) outside the venue.

10 Restriction on jackpot branding
  • (1) This regulation applies to—

    • (a) the holder of a class 4 venue licence, and to the venue manager and venue operator, in relation to that licence; and

    • (b) the holder of a casino operator’s licence.

    (2) A person referred in subclause (1) must ensure that, in any advertising related to the class 4 venue or casino venue, the word jackpot is not published in a way that explicitly or implicitly conveys the impression that there is a gaming machine jackpot at the venue.

    (3) Subclause (2) applies to any other similar word or get-up.

Requirements relating to problem gambling

11 Requirement to provide information about problem gambling
  • The holder of a class 4 venue licence or casino operator’s licence must, at a venue at which it conducts gambling,—

    • (a) make available to players—

      • (i) pamphlets providing information about the odds of winning on gaming machines:

      • (ii) information about the characteristics of problem gambling (including the recognised signs of problem gambling) and how to seek advice for problem gambling; and

    • (b) display signage that is clearly visible to all players that—

      • (i) encourages players to gamble only at levels they can afford:

      • (ii) contains advice about how to seek assistance for problem gambling.

12 Requirement to provide problem gambling awareness training
  • (1) The holder of a class 4 venue licence or casino operator’s licence must, in relation to a venue at which it conducts gambling, provide problem gambling awareness training—

    • (a) in the case of a class 4 venue, to the venue manager and any other venue personnel so as to ensure that there is always a trained person at the venue when class 4 gambling is available:

    • (b) in the case of a casino venue, the manager of the venue and any employee of the venue who is in direct contact with players in the course of his or her duties at the venue.

    (2) As a minimum, the training referred to in subclause (1) must enable the manager or employee to whom the training has been provided to—

    • (a) approach a player that the manager or employee has reasonable grounds to believe may be experiencing difficulties related to gambling:

    • (b) provide information to a player about the characteristics of problem gambling (including recognised signs of problem gambling):

    • (c) provide information to a player about the potential dangers of problem gambling:

    • (d) provide information to a player about how to access problem gambling services:

    • (e) remind a player that the venue manager or the holder of a casino operator’s licence (as the case may be) may identify a person that the manager or operator has reasonable grounds to believe is a problem gambler and ban the player from the gambling area of the venue concerned for up to 2 years:

    • (f) remind a player that he or she can identify himself or herself as a problem gambler and request that the venue manager or casino operator (as the case may be) exclude the player from the gambling area of the venue for up to 2 years.

    (3) The holder of a class 4 venue licence must ensure that an employee who has received problem gambling awareness training is present at the class 4 venue at all times when gambling activities are available to players.

    Regulation 12(2)(c): amended, on 3 March 2015, by section 131(2) of the Gambling Amendment Act 2015 (2015 No 3).

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 September 2004.


Reprints notes
1 General
  • This is a reprint of the Gambling (Harm Prevention and Minimisation) Regulations 2004 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint