Gambling (Fees) Regulations 2015

2015/313

Coat of Arms of New Zealand

Gambling (Fees) Regulations 2015

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 7th day of December 2015

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 370 of the Gambling Act 2003, Her Excellency the Administrator of the Government makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the advice of the Minister of Internal Affairs after consultation in accordance with section 372 of that Act.

Regulations

1 Title

These regulations are the Gambling (Fees) Regulations 2015.

2 Commencement

These regulations come into force on 1 February 2016.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Gambling Act 2003

annual fee means, in relation to a casino operator, a class 4 operator, or a class 4 venue, a fee payable to enable recovery of any or all of the costs (relating to a 12-month period) referred to in section 370(1) of the Act

category A application means, in relation to an application for a class 4 operator’s licence or a class 4 venue licence, an application made by—

(a)

a club that the Secretary is satisfied intends to operate gambling equipment at a non-commercial class 4 venue that—

(i)

it owns or leases; and

(ii)

is mainly for the use of club members:

(b)

the New Zealand Racing Board:

(c)

a racing club

category B application means, in relation to an application for a class 4 operator’s licence or a class 4 venue licence, an application that is not a category A application

financial year means a period of 12 months beginning on 1 July and ending on 30 June in the following year

small club means a corporate society that—

(a)

is a club; and

(b)

operates not more than 7 gaming machines in total at the non-commercial class 4 venues that—

(i)

it owns or leases; and

(ii)

are mainly for the use of club members.

(2)

Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Payment of fees

5 Who must pay fees

The fees set out in Schedule 2 must be paid to the Secretary in accordance with regulation 6 by, as the case may be,—

(a)

the relevant applicant; or

(b)

the relevant licence holder; or

(c)

the relevant appellant.

6 Method of payment of fees

The fees set out in Schedule 2 must be paid by—

(a)

direct debit; or

(b)

cheque; or

(c)

another method agreed in advance with the Secretary.

Fees relating to class 3 gambling

7 When fees payable

The class 3 fees set out in Part 1 of Schedule 2 must be paid at the time the relevant application is made.

Class 4 venue annual fee

8 When fee payable

(1)

A class 4 venue annual fee set out in Part 2 of Schedule 2 must be paid—

(a)

on notification to the applicant of the Secretary’s intention to grant a new licence (if the relevant licence is a new licence); or

(b)

on notification to the applicant of the Secretary’s intention to grant an amendment to the existing licence (if the relevant licence is to be amended); or

(c)

on the making of an application for renewal of the existing licence (if the relevant licence is to be renewed); or

(d)

on notification to the applicant of the Secretary’s intention to grant a renewal of the licence (if an additional fee is payable under regulation 9(3)(a)).

(2)

If the period for which a class 4 venue licence is granted or renewed is longer than 12 months, a class 4 venue annual fee may be paid—

(a)

in accordance with subclause (1); or

(b)

with the Secretary’s approval, by instalment.

(3)

If payment is by instalment, the number of instalments, amount of each instalment, and due date for each instalment are to be determined by the Secretary.

9 Calculation of fee

(1)

The total class 4 venue annual fee payable by a licence holder for the period for which a licence is granted or renewed must be calculated by—

(a)

using the formula in subclause (2) to calculate the amount of fees for each full and part financial year for which the licence is valid; and

(b)

adding together the amounts calculated for each full and part financial year.

(2)

The formula referred to in subclause (1) is—

a × b × c

where—

a

is the number of whole months in any one financial year for which the licence is valid; and

b

is the relevant monthly rate of annual fee (specified in the fourth column of Part 2 of Schedule 2) for that financial year; and

c

is the number of gaming machines specified in the licence.

(3)

If a class 4 venue annual fee has been paid under regulation 8(1)(c) and the fee payable for the period for which the licence is renewed differs from the amount paid (whether because the renewal of the licence is to be granted for a period other than 12 months, or for some other reason), the difference between the fee already paid and the fee calculated in accordance with this regulation—

(a)

is payable by the applicant (if a higher fee is payable than the fee already paid); or

(b)

may be refunded by the Secretary to the applicant (if a lower fee is payable than the fee already paid).

10 Additional fee payable if number of gaming machines increases

(1)

An additional amount of class 4 venue annual fee is payable if, during the term of a class 4 venue licence, the licence is amended to include additional gaming machines.

(2)

The amount of additional fee payable by the licence holder is the difference between—

(a)

the amount payable by the licence holder under the amended licence for the whole months for which the licence remains valid after the date of the amendment; and

(b)

the amount paid by the licence holder for the whole months for which the licence remains valid after the date of the amendment.

11 Refund of fee if number of gaming machines reduced

(1)

The Secretary may refund to the holder of a class 4 venue licence any class 4 venue annual fee paid by the holder if the licence has been amended to specify a number of gaming machines that is fewer than the number of gaming machines specified in the licence immediately before the amendment.

(2)

The amount the Secretary may refund is the difference between—

(a)

the amount paid by the licence holder for the whole months for which the licence remains valid after the date of the amendment; and

(b)

the amount payable by the licence holder under the amended licence for the whole months for which the licence remains valid after the date of the amendment.

12 Additional fee payable if licence holder ceases to be small club

(1)

An additional amount of class 4 venue annual fee is payable if, during the term of the class 4 venue licence, the licence holder ceases to be a small club.

(2)

The amount of additional fee payable by the licence holder is the difference between—

(a)

the amount payable by the licence holder as a corporate society other than a small club under the licence for the whole months for which the licence remains valid after the date on which the licence holder ceases to be a small club; and

(b)

the amount paid by the licence holder for the whole months for which the licence remains valid after the date on which the licence holder ceases to be a small club.

13 Refund of fee if licence holder becomes small club

(1)

The Secretary may refund to the holder of a class 4 venue licence any class 4 venue annual fee paid by the holder if, during the term of the licence, the licence holder becomes a small club.

(2)

The amount the Secretary may refund is the difference between—

(a)

the amount paid by the licence holder for the whole months for which the licence remains valid after the date on which the licence holder becomes a small club; and

(b)

the amount payable by the licence holder as a small club under the licence for the whole months for which the licence remains valid after the date on which the licence holder becomes a small club.

14 Refund of fee if class 4 licence surrendered

(1)

The Secretary may refund to a corporate society a class 4 venue annual fee paid by the society if the society has surrendered its relevant class 4 venue licence under section 79 of the Act.

(2)

The amount the Secretary may refund is the amount paid by the licence holder for the whole months for which the licence would have remained valid had it not been surrendered.

Class 4 operator’s annual fee

15 When fee payable

(1)

The class 4 operator’s annual fee set out in Part 3 of Schedule 2 must be paid—

(a)

on notification to the applicant of the Secretary’s intention to grant a new licence (if the relevant licence is a new licence); or

(b)

on notification to the applicant of the Secretary’s intention to grant an amendment to the existing licence (if the relevant licence is to be amended); or

(c)

on the making of an application for renewal of the existing licence (if the relevant licence is to be renewed); or

(d)

on notification to the applicant of the Secretary’s intention to grant a renewal of the licence (if an additional fee is payable under regulation 16(2)(a)).

(2)

If the period for which a class 4 operator’s licence is granted or renewed is longer than 12 months, a class 4 operator’s annual fee may be paid—

(a)

in accordance with subclause (1); or

(b)

with the Secretary’s approval, by instalment.

(3)

If payment is by instalment, the number of instalments, amount of each instalment, and due date for each instalment are to be determined by the Secretary.

16 Calculation of fee if granted for period other than 12 months

(1)

If a class 4 operator’s licence is to be granted for a period other than 12 months, the class 4 operator’s annual fee payable must be calculated in accordance with the following formula:

(a ÷ 12) × b

where—

a

is the class 4 operator’s annual fee (specified in Part 3 of Schedule 2); and

b

is the number of months for which the class 4 operator’s licence is to be granted.

(2)

If a class 4 operator’s annual fee has been paid under regulation 15(1)(c) and the renewal of the relevant licence is to be granted for a period other than 12 months, the difference between the fee already paid and the fee calculated in accordance with this regulation—

(a)

is payable by the applicant (if the licence is to be renewed for more than 12 months); or

(b)

may be refunded by the Secretary to the applicant (if the licence is to be renewed for less than 12 months).

17 Refund of fee if class 4 licence surrendered

(1)

The Secretary may refund to a corporate society a class 4 operator’s annual fee paid by the society if the society has surrendered its class 4 operator’s licence under section 63 of the Act.

(2)

The amount the Secretary may refund is the amount paid by the licence holder for the whole months for which the licence would have remained valid had it not been surrendered.

Other fees relating to class 4 gambling

18 When fees payable

(1)

The daily monitoring and licensing systems fees notified by the Secretary in accordance with regulation 19 and set out in Part 3 of Schedule 2 must be paid on or before the 20th day of each month.

(2)

All other fees set out in Part 3 of Schedule 2 must be paid at the time the relevant application is made.

19 Secretary to notify amount of monitoring and licensing systems fee

(1)

The Secretary must, as soon as practicable each month, issue an invoice to the holder of a class 4 operator’s licence for the monitoring and licensing systems fee payable for the previous month.

(2)

The monitoring and licensing system fee for each gaming machine connected to the electronic monitoring system is calculated in accordance with the following formula:

a × b

where—

a

is the number of days that the gaming machine operated in the month; and

b

is the daily monitoring and licensing systems fee per gaming machine (specified in Part 3 of Schedule 2).

(3)

In subclause (2), a gaming machine is operated if the electronic monitoring system records a change in the gaming machine’s electronic turnover meter.

Casino fees

20 When fees payable

(1)

The casino operator’s annual fee set out in subpart 2 of Part 4 of Schedule 2 must be paid in 4 equal instalments to be made on or before 20 July, 20 October, 20 January, and 20 April of the financial year in respect of which the fee is payable.

(2)

In the case of the instalment of a casino operator’s annual fee due on 20 April 2016 for the financial year beginning 1 July 2015,—

(a)

a casino operator must pay the instalment at the applicable rate set out in subpart 1 of Part 4 of Schedule 2; and

(b)

subclause (1) does not apply.

(3)

The other casino fees set out in Part 5 of Schedule 2 must be paid at the time the relevant application is made.

21 Penalty for late payment of casino operator’s annual fee

(1)

If an instalment payable in respect of a casino operator’s annual fee, or any part of that instalment, is not paid within 20 working days after the date for payment set out in regulation 20(1) or (2), a penalty of 5% of that unpaid instalment may be added to the amount due.

(2)

If the instalment remains unpaid at the end of the month following the month in which liability for the penalty first arose, or at the end of any subsequent month, a further penalty (of 5% of the unpaid instalment and any previous penalties) may be added to the amount due at the end of each of those months.

(3)

The casino operator must pay any penalty imposed under this regulation to the Secretary.

Appeal fees

22 When fees payable

The fees set out in Part 6 of Schedule 2 must be paid,—

(a)

in the case of an appeal to the Gambling Commission, at the time the appeal is filed with the Gambling Commission:

(b)

in the case of a hearing before the Gambling Commission, before the commencement of the hearing.

GST

23 Fees exclusive of GST

The fees payable under these regulations are exclusive of goods and services tax.

Revocation

24 Revocation

The Gambling (Fees) Regulations 2007 (SR 2007/401) are revoked.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to regulations as enacted

There are no transitional, savings, or related provisions relating to these regulations as enacted.

Schedule 2 Fees

rr 5, 6, 7, 8(1), 9(2), 15(1), 16(1), 18, 19(2), 20, 22

Part 1 Fees relating to class 3 gambling

Matter in respect of which fee is payableFee ($) (excluding GST)
Applications for class 3 operator’s licence
New licence or renewal of licence (total value of prizes $50,000 or less)88.89
New licence or renewal of licence (total value of prizes exceeding $50,000 and all housie)628.44
Applications for licensed promoter’s licence
New licence or renewal of licence2,567.00
Temporary licence88.89

Part 2 Class 4 venue annual fees (compliance fee per gaming machine)

Matter in respect of which fee is payableYear (period beginning 1 July and ending 30 June)Annual fee ($) (excluding GST)Monthly rate of annual fee ($) (excluding GST)
Annual fee payable in respect of each gaming machine for small clubs
2015/2016295.5024.63
2016/2017304.5025.38
2017/2018313.5026.13
2018/2019323.0026.92
2019/2020331.9027.66
2020/2021341.0028.42
2021/2022350.1029.18
2022/2023359.2029.93
2023/2024368.3030.69
2024/2025377.0031.42
Annual fee payable in respect of each gaming machine for all other class 4 operators
2015/2016595.7749.65
2016/2017627.2752.27
2017/2018661.1355.09
2018/2019697.5858.13
2019/2020736.9261.41
2020/2021779.4764.96
2021/2022825.5968.80
2022/2023875.7172.98
2023/2024930.3577.53
2024/2025986.1782.18

Part 3 Other fees relating to class 4 gambling

Matter in respect of which fee is payableFee ($) (excluding GST)
Class 4 operator’s annual fee
Category B applications only3,611.56
Applications for class 4 operator’s licence
New licence (category A applications)3,616.00
New licence (category B applications)15,795.00
Renewal of licence (category A applications)1,129.78
Renewal of licence (category B applications)10,246.00
Applications for class 4 venue licence
New licence (category A applications)2,054.00
New licence (category B applications)2,567.00
Renewal of licence (category A applications)112.89
Renewal of licence (category B applications)169.78
Daily monitoring and licensing systems fees
Monitoring and licensing systems fee for each day or part of day (per gaming machine)1.90
Miscellaneous
Amendment to class 4 venue licence or class 4 operator’s licence related to key persons565.33
Amendment to class 4 venue licence or class 4 operator’s licence not related to key persons169.00
Notification under section 54 or 71 of the Act related to key persons565.33
Notification under section 54 or 71 of the Act not related to key persons169.00

Part 4 Casino operator’s annual fee

Subpart 1—Quarterly instalment due 20 April 2016

Matter in respect of which fee is payableQuarterly instalment of fee due 20 April 2016 ($) (excluding GST)
Casino operator’s annual fee
Sky City Auckland Casino713,000.00
Sky City Hamilton Casino137,500.00
Christchurch Casino203,250.00
Dunedin Casino111,500.00
Sky City Queenstown Casino76,000.00
Wharf Casino (Queenstown)69,500.00

Subpart 2—Fees from 1 July 2016 onwards

Matter in respect of which fee is payableFee ($) (excluding GST)
Casino operator’s annual fee
Sky City Auckland Casino2,852,000.00
Sky City Hamilton Casino550,000.00
Christchurch Casino813,000.00
Dunedin Casino446,000.00
Sky City Queenstown Casino304,000.00
Wharf Casino (Queenstown)278,000.00

Part 5 Other fees relating to casinos

Matter in respect of which fee is payableFee ($) (excluding GST)
Applications for certificate of approval
New certificate (casino employee)512.44
Applications for casino operator’s licence
New licence302,222.22
Amendment to licence888.89
Temporary authority20,444.44
Applications for casino venue agreement approval
New agreement (including change of licensed operator)20,444.44
Amendment to agreement888.89
Amendment to casino venue licence
Amendment to licence888.89
Applications for associated person approval
New approval512.44

Part 6 Appeal fees

Matter in respect of which fee is payableFee ($) (excluding GST)
Appeals to Gambling Commission
Appeal filing222.22
One-day hearing400.00
Half-day and part half-day hearing (after first day)400.00

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2016, specify the fees payable to the Secretary for Internal Affairs to enable the recovery of the direct and indirect costs of the Secretary, the Gambling Commission, and the Police arising from their duties and responsibilities under the Gambling Act 2003.

These regulations revoke and replace the Gambling (Fees) Regulations 2007. In the main, they carry over the substance of the revoked regulations.

The principal changes from the revoked regulations include the following:

  • the structure of the new regulations groups together all of the regulations relating to particular types of fees; and

  • Schedule 2, which sets out the rates of the fees, is divided into 6 Parts based on types of fee; and

  • some of the application fees and annual fees are increased, while others remain the same or decrease; and

  • a fee for amendments to class 3 operator’s licences is removed; and

  • the application fees for a class 4 venue licence and a class 4 operator’s licence in the new regulations are flat fees that do not vary depending on the length of the term of the licence granted or renewed; and

  • the venue annual fee per gaming machine for class 4 licence holders will increase each financial year on 1 July, and calculations of this fee and any refunds or additional fees payable following amendments to licences take into account the annual increase to the rate of fee; and

  • there is to be a different rate of venue annual fee for class 4 licence holders that are small clubs as opposed to other corporate societies, and a corresponding definition of small club is included; and

  • the new regulations provide for a refund of the class 4 venue annual fee if a corporate society becomes a small club and for an additional payment of the fee if a corporate society ceases to be a small club during the period of its licence; and

  • the monitoring fee is renamed the daily monitoring and licensing systems fee; and

  • there is to be no change to the casino operator’s annual fee after the first 12-month period after the commencement of these regulations; and

  • the fees in the new regulations are exclusive of goods and services tax.

Regulatory impact statement

The Department of Internal Affairs produced a regulatory impact statement on 29 August 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 December 2015.

These regulations are administered by the Department of Internal Affairs.