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Part 2 - Gambling - Subpart 1 - Prohibitions and authorisations

9 Gambling prohibited

Part 2

Gambling

 

Subpart 1—Prohibitions and authorisations

 

9Gambling prohibited
(1)Gambling is prohibited and illegal unless it is—
(a)authorised by or under this Act and complies with this Act and any relevant licence, game rules, and minimum standards; or
(b)authorised by or under the Racing Act 2003 and complies with that Act and any regulations made under it; or
(c)private gambling.

 

(2)The following types of gambling are prohibited and illegal and are not authorised by and may not be authorised under this Act:
(a)bookmaking:
(b)remote interactive gambling.
 

10 No more casinos

10No more casinos
(1)No new casino venue licences may be granted under this Act.

 

(2)However, an existing casino venue licence may be renewed.

 

11 No increase in casino gambling

11No increase in casino gambling

A person must not increase the opportunities for casino gambling.

 

12 What is increase in casino gambling

12What is increase in casino gambling
(1)Decisions on what constitutes an increase in the opportunities for casino gambling are a function of the Gambling Commission.

 

(2)An increase in the opportunities for casino gambling includes but is not limited to—
(a)an increase in the number of gaming machines unless the increase is accompanied by a reduction in the number of table games that the Gambling Commission believes is proportionate:
(b)an increase in the number of table games unless the increase is accompanied by a reduction in the number of gaming machines that the Gambling Commission believes is proportionate:
(c)an increase in total player space at table games unless the increase is accompanied by a reduction in other opportunities for casino gambling that the Gambling Commission believes is proportionate.

 

(3)Opportunities for casino gambling are not increased—
(a)by increases, in the Auckland casino, that comply with the Order for the Variation of Conditions of Casino Premises Licence dated 6 December 2002:
(b)by gambling conducted by the New Zealand Racing Board referred to in section 120.

Section 12(1): replaced, on 3 March 2015, by section 8(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 12(2)(a): amended, on 3 March 2015, by section 8(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 12(2)(b): amended, on 3 March 2015, by section 8(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 12(2)(c): amended, on 3 March 2015, by section 8(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

13 No compensation

13No compensation

No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of sections 10 to 12.

14 Legality of gambling contracts

14Legality of gambling contracts
(1)Every contract for, or relating to, illegal gambling is an illegal contract for the purposes of subpart 5 of Part 2 of the Contract and Commercial Law Act 2017, and that Act applies accordingly.

 

(2)Gambling contracts authorised by or under this Act are enforceable at law.

 

15 Providing credit for gambling prohibited

15Providing credit for gambling prohibited
(1)A person conducting gambling must not offer or provide credit if the person knows or ought to know that the credit is intended to be used for gambling.

 

(2)Every person who commits an offence against subsection (1) is liable on … conviction to a fine not exceeding $10,000.

 

(3)Subsection (1) does not apply to credit offered or provided by the holder of a casino operator's licence to a person in circumstances that have been approved by—
(a)the Authority under section 66 of the Casino Control Act 1990; or
(b)the Gambling Commission under subsection (4).

 

(4)The Gambling Commission may approve circumstances in which an offer or provision of credit may be made by the holder of a casino operator's licence to a person.

 

16 Advertising overseas gambling prohibited

16Advertising overseas gambling prohibited
(1)A person must not publish or arrange to publish, in New Zealand, an overseas gambling advertisement.

 

(2)Subsection (1) does not apply to publishing or arranging to publish—
(a)a health message concerning gambling; or
(b)an advertisement for services to prevent, minimise, or treat harm; or
(c)a message about preventing, minimising, or treating harm; or
(d)an advertisement for gambling equipment intended for distribution only to buyers of gambling equipment; or
(e)an advertisement in which the publicising or promotion of gambling or a gambling operator is incidental to the purpose of the advertisement.

 

(3)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

 

(4)The Governor-General may, by Order in Council, restrict the application of this section, if satisfied that an order is necessary to enable New Zealand to comply with its international obligations relating to trade in services that are or will become binding on New Zealand.

 

Section 16(2)(e): amended, on 3 March 2015, by section 9 of the Gambling Amendment Act 2015 (2015 No 3).

Section 16(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

 

17 Regulations may restrict or prohibit prizes

17Regulations may restrict or prohibit prizes
(1)The Governor-General may, by Order in Council, make regulations that, consistent with the purpose of this Act, restrict or prohibit any property (whether real or personal) or services being offered or used as a prize for gambling.

 

(2)Regulations made under subsection (1) may—
(a)specify a quantity or dollar value of any property or services that may not be offered or used as a prize for gambling:
(b)specify circumstances in which—
(i)any property or services may not be offered or used as a prize for gambling:
(ii)a quantity or dollar value of any property or services may not be offered or used as a prize for gambling:
(c)apply to all gambling or to particular games, or categories, classes, or forms of gambling.

 

(3)Gambling that offers or uses any property or services as a prize in breach of regulations made under subsection (1) is illegal gambling.

 

(4)In this section, property or services includes an entitlement to property or services.

 

Section 17: replaced, on 3 March 2015, by section 10 of the Gambling Amendment Act 2015 (2015 No 3).

 

17A Retail value of non-cash prize must be stated

17A       Retail value of non-cash prize must be stated

(1)A person who is conducting gambling must inform participants, at the time and place of sale of the tickets, of the retail value and characteristics of any non-cash prize offered or used as a prize for the gambling.

 

(2)Gambling that offers or uses any non-cash prize in breach of subsection (1) is illegal gambling.

 

Section 17A: inserted, on 3 March 2015, by section 11 of the Gambling Amendment Act 2015 (2015 No 3).

 

18 Sales promotion schemes authorised

18Sales promotion schemes authorised

A sales promotion scheme is authorised by this Act.

 

19 Offences

19Offences
(1)A person who does any of the following things commits an offence:
(a)participates in illegal gambling:
(b)is, without reasonable excuse, at a place where illegal gambling is occurring:
(c)conducts illegal gambling:
(d)offers or provides credit if the person knows or ought to know that the credit may be used to commit an offence under paragraph (a) or paragraph (c):
(e)accepts credit from a person with the intention that it be used to commit an offence under paragraph (a) or paragraph (c):
(f)makes a direct or indirect pecuniary gain from illegal gambling other than as a direct participant:
(g)promotes illegal gambling or assists in doing so:
(h)causes or permits a place to be used for illegal gambling:
(i)advertises illegal gambling—
(i)to inform the public of places where illegal gambling takes place or will take place; or
(ii)to invite the public to participate in illegal gambling or to seek information about opportunities to do so; or
(iii)to invite the public to commit money for illegal gambling or to seek information about opportunities to commit money for illegal gambling:
(j)provides or installs gambling equipment if the person knows or ought to know that it is intended to be used for illegal gambling.

 

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

 

(3)Every person who commits an offence against subsection (1)(c) to (j) is liable on … conviction,—
(a)in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:
(b)in the case of a body corporate, to a fine not exceeding $50,000.