This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

The purpose of this Act is—

This Act replaces the Racing Act 1971.

Part 1 provides for the commencement of the Act, states the purpose of the Act, defines certain terms used in the Act, and contains other preliminary provisions.

Part 2 continues the New Zealand Racing Board and renames it the Racing Industry Transition Agency.

Part 3 contains provisions relating to the 3 racing codes and the racing clubs that are members of those codes. The racing codes are New Zealand Thoroughbred Racing Incorporated, Harness Racing New Zealand Incorporated, and the New Zealand Greyhound Racing Association (Incorporated).

Part 4 requires each code to have racing rules, and provides for the racing judicial system and other related matters.

Part 5 relates to the racing calendar and the issue of licences for race meetings.

Part 6 provides for rules governing betting and related matters.

Part 6AA requires offshore betting operators to pay charges in New Zealand in respect of their betting operations that involve racing events or sporting events held in New Zealand and from bets they take from people located in New Zealand.

Part 7 repeals the Racing Act 1971, makes consequential amendments, and provides for miscellaneous matters.

In this Act, unless the context otherwise requires,—

A reference in this Act to a named body is a reference to the body in existence with that name immediately before the commencement of this Act, whether or not the body subsequently changes its name, and nothing in this Act prevents the body changing its name.

This Act binds the Crown.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

The body called the New Zealand Racing Board—

The Agency—

The Agency has, both within and outside New Zealand,—

Subsection (3) applies subject to this Act, any other enactment, and the general law of New Zealand.

The objectives of the Agency are—

The functions of the Agency are—

In carrying out its functions, the Agency must—

The governing body of the Agency (the governing body) consists of the members referred to in section 11.

All decisions relating to the business or affairs of the Agency must be made by or under the authority of its governing body in accordance with the most recent statement of intent of the Agency presented to the House of Representatives under section 19.

The governing body has all the powers necessary for managing, and for directing or supervising the management of, the business and affairs of the Agency.

The governing body may consist of up to 7 members appointed by the Minister.

An appointment must be made by written notice to the person concerned.

The Minister must appoint a chairperson from among the members.

In appointing members, the Minister must have regard to the need for the governing body to have available to it, collectively, from its members,—

The Minister must notify an appointment in the Gazette as soon as practicable after making the appointment.

An appointed person holds office during the transition period and, if a vacancy occurs during that period, an appointment may be made by the Minister to fill that vacancy for the remainder of the period.

The Agency must, as soon as practicable after the end of each racing year,—

The financial statements of the Agency for a racing year must be prepared in accordance with generally accepted accounting practice and must include—

The Agency must, at least once every 5 years, arrange for an audit to be conducted in relation to its performance and efficiency.

Schedule 2 applies to an audit conducted under subsection (1).

The Agency may maintain 1 or more reserves with the name or names, and containing an amount or amounts, that the Agency considers appropriate.

The Agency may credit to a reserve any amount that it considers appropriate from any surpluses retained by it under sections 53(2) and 57(2), or any other source whether capital or income.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be distributed by the Agency to the racing codes from any surpluses referred to in section 53(2) or 57(2) or any other source, whether capital or income.

For the purposes of subsection (1), the amount must not be less than the total of the surpluses referred to in section 53(2) and 57(2) for that racing year less the total amount credited to reserves for that year from those surpluses.

The Agency may, during or after a racing year, pay to the racing codes the amount determined in accordance with regulations made under section 16 to be distributed among the codes for that year.

The Agency may withhold all or any part of an amount to be distributed to a code if it has not yet approved the code’s statement of intent and business plan under section 23.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be—

However, regulations made under subsection (1)(a) must not result in an amount to be distributed that exceeds,—

In this section, betting profits means profits for totalisator racing betting, sports betting, and fixed-odds racing betting conducted by the Agency calculated in accordance with the following formula:

Before making a recommendation under subsection (1), the Minister must consult the Minister for Sport and Recreation.

The Agency must operate in a financially responsible manner and, for this purpose, must—

The Agency must deliver to the Minister, before the commencement of each racing year, a statement of intent relating to that year and to each of the 2 subsequent racing years.

The statement of intent must set out, for each racing year to which it relates,—

Before delivering a statement of intent to the Minister, the Agency must consult the recognised industry organisations on the proposed statement.

The Minister must present the statement of intent to the House of Representatives not later than 6 sitting days after it has been received by the Minister.

Before the commencement of each racing year, the Agency must prepare a business plan.

The Agency must consult with each racing code in respect of its business plan.

The Agency must, as soon as practicable after the end of each racing year, deliver to the Minister and each racing code a report of its proceedings and operations during that year.

The annual report must include—

The Minister must present the report and statements to the House of Representatives not later than 6 sitting days after they have been received by the Minister.

Schedule 1 applies to the Agency and its governing body.

The Agency may, by resolution, make, alter, and revoke rules not inconsistent with this Act for regulating its proceedings and providing for any matters that may be reasonably necessary or expedient for carrying out its functions, duties, and powers.

As soon as practicable after making or altering any rules under subsection (2), the Agency must send a copy of the rules or amended rules to the Minister.

Rules made under subsection (2) are 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.

Rules made under subsection (2) must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

The Agency must make copies of any rules made under subsection (2) available—

Each racing code must deliver to the Agency, before the commencement of each racing year, a proposed statement of intent and business plan relating to that year and to each of the 2 subsequent racing years.

The proposed statement of intent must set out, for each racing year to which it relates,—

On receipt of a racing code’s proposed statement of intent and business plan, the Agency must, within 1 calendar month, write to the code, either—

Without limiting the generality of subsection (3), the Agency may decline to approve a racing code’s proposed statement of intent or business plan if the Agency considers that—

This section does not prevent—

Subsection (3) applies to a revised statement of intent or business plan with any necessary modifications.

No person or association of persons, whether a body corporate or not, may have or use any name calculated to suggest connection with, or endorsement by, the Agency or a racing code, or any name containing the words—

If an Act provides for the registration of any association of persons, the registering authority may refuse registration if, in its opinion, the use of the name by which the association wishes to be registered is prohibited by subsection (1).

This section applies, with the necessary modifications, to a person carrying on business under any name or style except his or her own.

Subsection (1)(a), (aa), and (b) do not apply to the Agency.

Subsection (1)(c) does not apply to New Zealand Thoroughbred Racing Incorporated.

Subsection (1)(d) does not apply to Harness Racing New Zealand Incorporated.

Subsection (1)(e) does not apply to the New Zealand Greyhound Racing Association (Incorporated).

Nothing in this section prevents a racing club from having or using a name containing the word or words “racing”, “thoroughbred racing”, “harness racing”, “trotting”, or “greyhound racing” in any form except those specified in subsection (1).

Each racing code is responsible for distributing among the racing clubs registered with the code the amounts received by it from the Agency under section 17.

Each racing code must decide how much of any amount referred to in subsection (1) must be distributed among the racing clubs registered with it and the apportionment of that amount among those clubs.

The Agency may, on the direction of a racing code, pay to a racing club the whole or part of an amount payable by the Agency to the code under section 17, and any amount paid must be regarded as having been paid by the Agency to the code under section 17 and by the code to the club in accordance with subsections (1) and (2).

A member of a racing club must not have any pecuniary interest, in his or her capacity as a member, in the property of the club.

On the dissolution of a racing club, the assets of the club remaining after all legal claims on the club have been satisfied must be disposed of for racing, public, charitable, or other purposes in the manner that the club, with the approval of the racing code with which it is registered, determines.

The purposes for which the assets must be disposed of must be published by the racing code by notice in the Gazette.

If there is a dispute over the disposition of assets involving a racing club that is an incorporated society or a charitable trust, the dispute must be determined in accordance with section 27 of the Incorporated Societies Act 1908 or section 27 of the Charitable Trusts Act 1957, as the case may be.

For the purposes of subsection (3), a racing club that is neither an incorporated society nor a charitable trust must be treated as if it were an incorporated society.

If 2 or more racing clubs propose to combine to form 1 club, the assets of any club that proposes to dissolve as a result of that combination may, with the approval of the racing code with which it is registered, be transferred (whether before or after dissolution) to the club with which it proposes to combine.

As soon as practicable after the end of a racing year, every racing code and racing club must send to the Agency a copy of its audited financial statements for that year.

All financial statements sent to the Agency under subsection (1) must be in a form, and based on accounting principles, determined by the Agency by written notice to the racing codes.

Every racing code must make, and maintain in force, rules regulating the conduct of racing by that code.

Without limiting subsection (1), any racing rules of a racing code may provide for—

As soon as practicable after the date of commencement of this Act, each racing code must send to the Agency a copy of its racing rules that were in force immediately before that date, and those rules must be regarded as having been made for the purposes of subsection (1).

A racing code must, before amending its racing rules, receive written approval from the Agency for the proposed amendment.

A racing code to which sections 37 to 41 and Schedule 3 apply must also consult with the Judicial Control Authority before amending its racing rules.

As soon as practicable after amending its racing rules, a racing code must send a copy of the amended rules to the Agency and, in the case of a racing code to which sections 37 to 41 and Schedule 3 apply, to the Judicial Control Authority.

Any provision of any racing rules that is in conflict with any provision of this Act, any other Act, or the general law of New Zealand is invalid.

Despite subsection (1), any racing rules may provide for the appointment of inspectors, in addition to those appointed under section 47.

As soon as practicable after making or altering any rules under section 29 or section 34, each racing code must send a copy of the rules or the amended rules to the Minister.

Rules made under section 29 or 34 are 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.

Rules made under section 29 must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

Each racing code must make copies of its racing rules available—

Every racing club must, when holding a race or race meeting, comply with the relevant racing rules.

This section applies to any racecourse on the day during which racing is being held on that racecourse, whether or not it is, or forms part of, a reserve or other place for which there exists a right of public use or entry.

Subject to any enactment and the general law of New Zealand, racing rules may include separate rules controlling or prohibiting the admission of persons to any racecourse used by racing clubs registered with the racing code that made the rules.

Rules made under this section do not come into force until they have been approved by the Minister and published in the Gazette.

The rules may exclude any specified class or classes of person from entering a racecourse, either absolutely or subject to any special conditions, that may be set out in the rules.

However, subsection (4) applies only to the extent that it is reasonably necessary for the purpose of maintaining public confidence in—

Every person who commits a breach of any rule made under section 34 may be removed from the racecourse by any member, officer, agent, or employee of the racing club or of the racing code with which the racing club is registered, or by any constable.

Every person who commits a breach of any rule made under section 34 also commits an offence.

Every person who commits an offence under subsection (2) is liable on conviction to a fine not exceeding $1,000.

Sections 37 to 41 and Schedule 3 apply to—

The Judicial Control Authority established under the Racing Act 1971 is continued.

The functions of the Authority are as follows:

The Authority has and may exercise all the powers that may be reasonably necessary for the purposes of subsection (2).

The Authority consists of the following members:

If the chairpersons referred to in subsection (1)(b) fail to agree upon the appointment of a member of the Authority, the chairperson of the Agency must make the appointment.

A person must not hold office as a member of the Authority under subsection (1) if he or she is a member of the governing body of a racing code or a member of the Agency.

In appointing any person under subsection (1), the appointers must have regard to the person’s knowledge, experience, and expertise relevant to the functions and powers of the Authority.

The Authority must appoint, in accordance with clauses 15 and 16 of Schedule 3, members of judicial committees to exercise and carry out the powers and functions of those committees, whether in relation to matters that arise on a particular day of racing or in relation to other matters.

The functions of every judicial committee are—

The Authority must appoint, in accordance with clauses 18 and 19 of Schedule 3, members of appeals tribunals to exercise the functions and powers of those tribunals for any appeal.

The function of every appeals tribunal is to hear and adjudicate on any appeal made to it under clause 20 of Schedule 3.

Schedule 3 applies to the Judicial Control Authority, judicial committees, and appeals tribunals.

The Agency must establish and maintain a committee (the dates committee).

The dates committee must, before the end of each racing year, determine—

Before carrying out its functions under subsection (2), the dates committee must consult with each of the recognised industry organisations on the proposed dates, allocation, and conditions.

The dates committee may, at any time before or during a racing year, add to, alter, or revoke a date, allocation, or condition determined under section 42.

Before making a change under subsection (1), the dates committee must consult with each of the racing codes and clubs affected by the change.

A betting licence must not be issued for races on Easter Sunday, Christmas Day, Good Friday, or before 1 pm on Anzac Day.

As soon as practicable after the dates committee has determined the dates, allocation, and conditions for a racing year under section 42, the Agency must issue betting licences to the racing clubs to whom dates have been allocated.

Each betting licence must state—

Two or more betting licences to be issued to the same racing club may be combined in 1 document.

If the dates committee adds to, alters, or revokes a date, allocation, or condition under section 43, the Agency must add to, alter, or revoke accordingly any betting licence that has been issued for that date, allocation, or condition.

The Agency must give written notice of an addition, alteration, or revocation of a betting licence under this section to each racing code and club affected by the change.

The chief executive may appoint, on the terms and conditions that he or she thinks fit, persons (referred to as government inspectors in subsection (2) and sections 48 and 49) to inspect racecourses and premises of the Agency for the purpose of ascertaining whether betting licences and betting rules are being complied with.

The production by a government inspector of a written authority purporting to have been issued under this section is, in the absence of proof to the contrary, sufficient evidence that it has been issued.

Every government inspector has the right to enter, at all reasonable times and without charge, any racecourse or premises of the Agency.

A government inspector may,—

An officer or employee of a racing club or the Agency who is required under subsection (2)(a) to provide information must provide that information within 28 days.

Every government inspector exercising any power under this section must produce his or her authority to act as a government inspector immediately upon request by any person to do so.

Nothing in this section limits or affects the privilege against self-incrimination.

Every person commits an offence who—

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.

The Agency may conduct, either by itself or by means of racing clubs or other agents appointed by the Agency for this purpose,—

A racing club that has a betting licence may conduct equalisator betting on races held by it on the date to which the licence relates and on the terms and conditions set out in the licence.

A racing club may deduct from the bets made by way of equalisator betting, after first making any refunds of bets, an amount not exceeding 15% as commission for the club.

Except as provided in rules made under section 52 stating the denomination to which dividends are to be rounded and paid out, a racing club must declare and pay out as dividends all money received by way of equalisator betting, after deducting all refunds of bets and the commission authorised by subsection (2).

Every racing club, or member, officer, agent, or employee of a racing club commits an offence who knowingly makes, authorises, or permits any payment from money received by way of equalisator betting except in accordance with subsections (2) or (3).

Every person who commits an offence against subsection (4) is liable on conviction,—

The Agency may, by notice in the Gazette, make, alter, and revoke rules providing for the establishment of a system or systems of racing betting, and providing for any matter relating to the conduct and operation of racing betting by the Agency.

Without limiting subsection (1), rules made by the Agency under this section—

Rules made by the Agency under this section must provide that, if there is racing betting on a race, the betting must close before the race starts.

The Agency must apply the amounts received by it for racing betting, including the net return from bets laid off under any rule in force under section 52(2)(b)(ii), for a racing year in payment of—

The surplus, if any, of the amounts received by it for racing betting that remains after making the payments referred to in subsection (1) must be applied by the Agency in accordance with sections 15 to 17.

The Agency may, by notice in the Gazette, make, alter, and revoke rules providing for the establishment of a system or systems of sports betting, and providing for any matter relating to the conduct and operation of sports betting by the Agency.

Without limiting subsection (1), rules made under this section—

The Agency must consult Sport and Recreation New Zealand before exercising its powers under this section to make rules declaring sporting events to be, or not to be, New Zealand sporting events for the purposes of Part 6AA, or to make rules amending or revoking those rules.

The Agency must publish the notice making, altering, or revoking the rules referred to in subsection (3) on an Internet site maintained by or on behalf of the Agency.

The Agency may not conduct sports betting on any sporting event or events without the written agreement of the appropriate New Zealand national sporting organisation.

Every agreement entered into under subsection (1) must be on the terms and conditions that are agreed between the Agency and the New Zealand national sporting organisation concerned, including payment to the sporting organisation, under section 57(1)(d), of revenue derived from sports betting on the event or events to which the agreement relates.

This section applies if, in relation to a sport involving human competitors participating in lawful organised games, competitions, or other events held in or outside New Zealand, there is no appropriate New Zealand national sporting organisation—

Despite section 55(1), the Agency may conduct sports betting on any event held in relation to the sport concerned if it has entered into a sports betting agreement with Sport and Recreation New Zealand that complies with subsection (3).

A sports betting agreement must be on the terms and conditions agreed between the parties, including (without limitation) as to payment to Sport and Recreation New Zealand, under section 57(1)(da), of revenue from sports betting on the event or events to which the agreement relates.

For the purposes of operating a sports betting system, the Agency may—

Subsection (1) does not limit section 7(2).

The Agency must apply the amounts received by it for sports betting, including the net return from bets laid off under section 54(2)(b)(ii), for a racing year in payment of—

The surplus, if any, of the amounts received by it for sports betting that remains after making the payments referred to in subsection (1) must be applied by the Agency in accordance with sections 15 to 17.

For the purposes of determining winning dividends for totalisator racing betting, rules made under section 52 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 53 for each form of betting.

For the purposes of determining winning dividends for totalisator sports betting, rules made under section 54 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 57 for each form of betting.

Before the Agency determines for the first time or increases any of the percentages required to be stated in the rules by subsection (1), the Agency must give reasonable notice of the proposed percentages to every recognised industry organisation.

Before the Agency determines for the first time or increases any of the percentages required to be stated in the rules by subsection (2), the Agency must give reasonable notice of the proposed percentages to every recognised industry organisation and the relevant New Zealand national sporting organisations.

If the Agency decides to decrease any of the percentages required to be stated in the rules by subsections (1) and (2), it is not necessary for the Agency to amend any rule to reflect the decrease if the decrease is—

As soon as practicable after making or altering any rules under section 52 or section 54, the Agency must send a copy of the rules or amended rules to the Minister.

Rules made under section 52 or 54 are 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.

Rules made under section 52 or section 54 must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

The Agency must make copies of any rules made under section 52 or section 54 available—

Except in any circumstances that the Agency may specify by notice in the Gazette, the Agency must not pay out by way of dividend an amount less than the amount invested for any bet on which a dividend is payable.

Rules made under sections 52 and 54 must state the denomination to which dividends will be rounded and paid out by the Agency or, in the case of equalisator betting, a racing club.

All amounts not payable as part of a dividend because of rounding in accordance with rules made under sections 52 and 54 may be retained by the Agency, or the racing club conducting equalisator betting, and must be regarded for all purposes as part of the Agency’s or the racing club’s funds.

The Agency may operate a totalisator, or any other betting system for the time being authorised under this Act, for the purpose of, or in conjunction with, class 3 gambling conducted by a society that holds a licence under section 37 of the Gambling Act 2003.

The operation of a totalisator or other betting system under subsection (1) is subject to the provisions of the Gambling Act 2003, and to all the game rules and conditions of the licence that apply to the class 3 gambling for which the operation is being carried out.

Despite the Gambling Act 2003, the Agency may pay its employees for operating, or assisting in the operation of, a totalisator or other betting system, but the payment (or any part of it) may not be charged to, or be recoverable from, the society on whose behalf the operation is carried out.

The Agency is authorised to amalgamate the amount available for an event or events for which racing or sports betting is authorised under this Act with amounts available from overseas betting systems to form a combined dividend pool.

Every person commits an offence who,—

Every member, officer, agent or employee of a racing club, or of the Agency, or of an agent of the Agency, commits an offence who—

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

Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that he or she had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

Every person who commits an offence against this section is liable on conviction to,—

In this section and section 63A,—

If any constable, or any member, officer, agent or employee of a racing club, or of the Agency, or of an agent of the Agency (as the case may be) has reasonable grounds to believe that a person has committed, is committing, or is attempting to commit an offence under section 63(1)(a), he or she may demand from that person an evidence of age document verifying his or her age.

Every person commits an offence who, being required under subsection (1) to give information regarding his or her age, fails to give that information, or supplies any false information relating to his or her age.

Every person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $500.

Betting contracts authorised by or under this Act are enforceable at law.

The Agency or any racing club may refuse to accept all or any part of a bet without giving any reason for doing so.

The purpose of this Part is to provide a framework under which offshore betting operators must pay charges in New Zealand in respect of their betting operations involving this country. These charges are to recognise the financial returns that offshore betting operators enjoy from bets that they take on racing and sporting events held in New Zealand and from bets that they take from people located in New Zealand.

To that end, this Part—

Subsection (2) is only a guide to the general scheme and effect of this Part.

This Part and any regulations made under it apply to an offshore betting operator regardless of where that offshore betting operator is resident or incorporated.

In this Part, unless the context otherwise requires,—

The Department is the designated authority for the scheme for betting information use charges and the scheme for consumption charges.

The function of the designated authority for each scheme is to implement the scheme, including enforcing payment of the offshore betting charges and distributing the money collected from the charges, in accordance with this Part.

The designated authority has the powers specified in, or prescribed under, this Part.

The Department may delegate in writing any of its functions or powers as the designated authority to another entity.

The Department’s power to delegate under this section may be exercised in respect of the scheme for betting information use charges or the scheme for consumption charges, or both or any part of those schemes.

The entities to which the Department may delegate its functions and powers include (without limitation) the Agency, 1 or more racing codes, a Crown entity as defined in section 7 of the Crown Entities Act 2004, or another department.

The Department must, when deciding whether to exercise its power of delegation under this section in favour of another entity, take into account whether the entity has the knowledge of offshore betting operators, and existing relationships with those operators, that is necessary to perform the functions and exercise the powers that the Department proposes to delegate.

A delegation under this section must not include—

Every offshore betting operator must, before using New Zealand racing and sporting information in the conduct of the operator’s betting operations,—

The designated authority must not unreasonably withhold permission under subsection (1) for an offshore betting operator to use New Zealand racing and sporting information.

Subsection (1) does not apply to an offshore betting operator if, and to the extent that, it is exempted from complying with those requirements under section 65AQ.

The terms and conditions of a betting information use agreement must—

In addition, the terms and conditions of a betting information use agreement may—

The Minister must set the rates of the betting information use charges that offshore betting operators must pay—

The Minister may set the rates by way of specified figures or methods of calculation.

The designated authority may issue and conduct proceedings for—

Every offshore betting operator must pay consumption charges to the designated authority in respect of bets that it takes on racing and sporting events, held in or outside New Zealand, from persons with a registered address in New Zealand.

The Minister must set the rates of the consumption charges that offshore betting operators must pay—

The Minister may set the rates by way of specified figures or methods of calculation.

An offshore betting operator who is required to pay consumption charges must provide the prescribed information to the designated authority for the purpose of enabling the authority to monitor the amounts due as consumption charges.

The information must be provided in the prescribed manner.

Before setting rates of betting information use charges under section 65AH or rates of consumption charges under section 65AK, the Minister must take into account—

After setting rates of betting information use charges or consumption charges, the Minister must publish a statement of reasons on an Internet site maintained by or on behalf of the designated authority that explains how the rates were set and why the rates are considered to be fair and reasonable.

The Minister—

Any adjustment must be made in the prescribed manner.

Before adjusting any rate, the Minister must consult the Agency, offshore betting operators, the racing codes, and appropriate New Zealand national sporting organisations.

An offshore betting operator is not liable to pay offshore betting charges in respect of a financial year if the operator’s revenue from an activity specified in subsection (2) is less than the amount specified in section 51(1)(a) of the Goods and Services Tax Act 1985 to become a registered person under that Act.

The activities are—

The designated authority must apply the money received from offshore betting charges for the following purposes:

The designated authority must apply the money received from offshore betting charges to any 1 or more of the persons specified in, and in the amount specified in, regulations made under section 65AX.

The Minister may, by notice in writing, exempt an offshore betting operator or a class of offshore betting operators from the need to comply with any 1 or more of the following:

In deciding whether to grant an exemption, the Minister must—

Before granting an exemption under this section, the Minister must—

The Minister may—

An exemption granted under this section—

For the purposes of the Legislation Act 2012, an exemption granted under section 65AQ—

As soon as practicable after it is granted, an exemption must be—

The Minister’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (2)(a) along with the exemption.

However, the Minister may, if satisfied that an exemption contains or refers to information that may reasonably be regarded as confidential or commercially sensitive, authorise the designated authority to redact that information from text of the exemption published in accordance with subsection (2)(a).

The designated authority may issue a penalty notice to an offshore betting operator if it is satisfied that the operator has—

The penalty notice may require the offshore betting operator to—

The penalty amount stated in the notice must be the amount specified in, or the amount calculated in accordance with, regulations made under section 65AX.

An offshore betting operator who is issued with a penalty notice under this section—

A penalty notice under this section must be in the prescribed form (if any) and issued in the prescribed manner.

The amount payable as a penalty under regulations made under section 65AX, whether the regulations specify a fixed amount or a method of calculating the amount, must not exceed—

Outstanding offshore betting charges and penalties payable by an offshore betting operator constitute a debt due to the designated authority, and the designated authority may issue legal proceedings for recovery of the debt from the offshore betting operator.

The applicable law in respect of recovery of the debt is New Zealand law.

The courts of New Zealand are the courts with jurisdiction to hear and determine proceedings for recovery of the debt.

An offshore betting operator’s obligation to pay, and the designated authority’s right to receive and recover, a penalty imposed is not suspended by—

Subsection (3) applies if an offshore betting operator pays a penalty amount, and, on review or in legal proceedings, it is found that the betting operator was not liable for the penalty or any part of the penalty.

The designated authority must, as soon as practicable, refund to the offshore betting operator the amount of the penalty or part of the penalty for which the offshore betting operator was not liable.

An offshore betting operator may appeal to the District Court against a decision of the designated authority to issue a penalty notice under section 65AS.

If an appeal is made under subsection (1), the District Court must determine whether the decision to issue the notice is appropriate.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

Regulations made under this section may provide differently for different classes of offshore betting operator.

Regulations made under this section are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person.

Before making a recommendation under this section, the Minister must consult the Agency, each racing code, and the Minister for Sport and Recreation.

A territorial authority consent is required if the Agency proposes to establish a Agency venue.

An application for a territorial authority consent must be made to the territorial authority for the district in which the Agency venue will be located.

The application must be accompanied by the information required by the territorial authority to enable it to consider the application properly.

A territorial authority must—

The territorial authority must notify the Agency and the Secretary of its determination within 30 working days after the later of—

A territorial authority must not consider an application for territorial authority consent before it has a Agency venue policy.

A territorial authority must, within 6 months after the commencement of this section, adopt a policy on Agency venues.

In adopting a policy, the territorial authority must have regard to the social impact of gambling within the territorial authority district.

The policy must specify whether or not new Agency venues may be established in the territorial authority district and, if so, where they may be located.

In determining its policy on whether Agency venues may be established in the territorial district and where any Agency venues may be located, the territorial authority may have regard to any relevant matters, including—

A policy on Agency venues under section 65D must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 and, for the purpose of subsection (1)(e) of that section, the territorial authority must give notice of the proposed policy, in a manner that the territorial authority considers appropriate to—

A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

Subsection (1)(b) does not affect the ability of a territorial authority to take similar action in respect of any other population group.

A territorial authority must, as soon as practicable after adopting, amending, or replacing a policy on Agency venues, provide a copy of the policy to the Agency and the Secretary.

A territorial authority must complete a review of a policy within 3 years after the policy is adopted and then within 3 years after that review and each subsequent review is completed.

A policy does not cease to have effect because it is due for review or being reviewed.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to Agency venues.

The regulations may exclude from a Agency venue any specified class or classes of person, either absolutely or subject to any special conditions that may be specified in the regulations.

Every person who enters, or remains on, a Agency venue in breach of a regulation made under this section must be treated as having committed an offence under section 4 of the Trespass Act 1980 and is liable accordingly.

The Governor-General may, by Order in Council, make regulations—

Regulations made under subsection (1) must—

The Agency must pay a problem gambling levy in accordance with sections 317 to 325 of the Gambling Act 2003 and regulations made under that Act.

The Secretary may require information from the Agency for research, and policy analysis and development, associated with the purposes of the Gambling Act 2003.

The Secretary may require from the Agency any information necessary to calculate, administer, and collect the problem gambling levy payable under section 65I.

If required by the Secretary to provide information under subsection (1) or (2), the Agency must provide that information within 10 working days or any longer time that the Secretary may allow.

The Agency may, with the approval of the Minister, promote, conduct, and control a race meeting.

For the purposes of subsection (1), the Agency may be issued with a betting licence under section 45.

All or any of the functions under subsection (1) may be carried out by a person acting under a delegation under clause 24(1) of Schedule 1.

The Agency is an organisation within the meaning of section 2(1) of the Official Information Act 1982, and that Act applies accordingly.

The Crown is not liable to contribute towards the payment of any debts or liabilities of the Agency, the Authority, a judicial committee, or an appeals tribunal.

Subsection (1) does not apply to—

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

Before making a recommendation for regulations under subsection (1)(b), the Minister must consult the Minister for Sport and Recreation.

No regulations may be made under subsection (1)(c) after 30 June 2020.

The Acts specified in Schedule 4 are amended in the manner indicated in that schedule.

The regulations specified in Schedule 5 are amended in the manner indicated in that schedule.

The Racing Act 1971 (1971 No 155) is repealed.

The enactments listed in Schedule 6 are repealed.

The Racing (Revocation of Approved Scheme) Notice 1973 (SR 1973/219) is revoked.