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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 9 - Other matters

364 Notification

Subpart 9—Other matters

 

364Notification
(1)A notice or notification of a matter must be in writing and must be—
(a)given personally; or
(b)sent by post addressed to the person for whom it is intended at the person's last known postal, business, or residential address; or
(c)transmitted by fax addressed to the person for whom it is intended at the person's fax number; or
(d)sent or transmitted by any other means (including electronic means) acceptable to the person for whom it is intended.

 

(2)For a notice referred to in any of sections 44(1), 46(2), 59(1), 61(2), 75(1), 77(2), 140(2), 142(2), 143(2), 145(2), 150(2), 162(2), 166(6), 171(2), 207(1), 209(2), 333(1), or 337(1),—
(a)the date of the notice must be the date on which it is given, posted, or transmitted; and
(b)the notice is presumed to be given, posted, or transmitted on the date of the notice unless the person for whom it is intended raises evidence to the contrary.

 

(3)Subsection (1) does not apply to—
(a)notification of any matter in the Gazette ; or
(b)public notification; or
(c)a notification to the Secretary under section 89(1); or
(d)the issuing of an infringement notice under section 357; or
(e)notification of a public meeting under clause 2(4) of Schedule 3.

 

365 Information gathering

365Information gathering
(1)The Secretary may require information from the following persons for research, and policy analysis and development, associated with the purposes of this Act:
(a)holders of class 3 operator’s licences, class 4 operators’ licences, class 4 venue licences, casino licences, licensed promoters’ licences, and certificates of approval; and
(b)any other person who conducts gambling authorised by this Act or the Racing Act 2003.

 

(2)The Secretary may require the information necessary to calculate, administer, and collect levies and fees under this Act from the following persons:
(a)holders of venue licences and operators’ licences; and
(b)any other person who conducts gambling authorised by this Act or the Racing Act 2003.

 

(3)A person who is required by the Secretary to provide information under subsection (1) or subsection (2) must provide that information within 10 working days, or any longer time frame that the Secretary may allow.

 

(4)For the purposes of this section, the Secretary—
(a)may specify the types of information that may be required under subsection (1) or (2); and
(b)may specify the manner and form in which that information must be collected and provided to the Secretary; and
(c)may require that information to be provided regularly, at specified intervals or in respect of specified periods; and
(d)must make any statistical information collated by the Secretary from that information available on the Department’s Internet site, or in another electronic form that is easily accessible to the public, within a reasonable time after that information is collated.

 

Section 365(4): inserted, on 3 March 2015, by section 119 of the Gambling Amendment Act 2015 (2015 No 3).

 

366 Secretary may issue standard forms

366Secretary may issue standard forms

The Secretary may issue standard forms for the purposes of this Act and must make copies of those forms available free of charge upon request.

 

367 Power to make game rules

367Power to make game rules
(1)The Secretary may make rules and amend or revoke rules made—
(a)for playing or participating in particular games or classes of games, or categories, classes, or forms of gambling; and
(b)for the systems, processes, information, and documentation associated with particular games or classes of games, or categories, classes, or forms of gambling.

 

(2)The Secretary must publish a notice in the Gazette containing the following information, as soon as reasonably practicable after making, amending, or revoking game rules under subsection (1):
(a)a statement that game rules have been made, amended, or revoked:
(b)the date on which the game rule, amendment, or revocation takes effect:
(c)a statement that a copy of the game rules, amendment, or revocation may be obtained from the Secretary, and how it may be obtained.

 

(3)A rule, amendment, or revocation made under subsection (1) does not take effect before the notice in the Gazette about that rule, amendment, or revocation, required by subsection (2), takes effect.

 

(4)The Secretary may require the holder of a class 4 operator’s licence or a casino operator’s licence to display game rules prominently at a place used for gambling or on or near to gambling equipment.

 

(5)If no game rules exist in respect of a particular gambling activity, a person may apply to the Secretary for the approval of game rules in relation to the activity.

 

(6)An application under subsection (5) must include a full description of the gambling activity.

 

(7)A rule, amendment, or revocation made under subsection (1) 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.

 

Section 367(1): replaced, on 3 March 2015, by section 120 of the Gambling Amendment Act 2015 (2015 No 3).

Section 367(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

 

368 Regulations relating to forms of gambling and gambling equipment

368Regulations relating to forms of gambling and gambling equipment

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

(a)declaring any act, behaviour, or transaction, or type of act, behaviour, or transaction not to be gambling for the purposes of this Act:
(b)declaring any machine, device, or thing, or type of machine, device, or thing to be or not to be gambling equipment for the purposes of this Act:
(c)declaring any device, or type of device, to be or not to be a gaming machine for the purposes of this Act:
(d)declaring a form of gambling to be or not to be a New Zealand lottery.

 

Section 368(a): amended, on 3 March 2015, by section 121(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 368(b): amended, on 3 March 2015, by section 121(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

369 Regulations relating to forms

369Regulations relating to forms

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

(a)prescribing forms for the purposes of this Act and prescribing the information to be provided by applicants:
(b)prescribing procedures for the service and publication of documents:
(c)prescribing the form of a certificate of approval:
(d)prescribing the form of a warrant of appointment of a gambling inspector under section [331].

 

370 Regulations relating to fees

370Regulations relating to fees
(1)The Governor-General may, by Order in Council, make regulations prescribing the fees or charges payable to enable the recovery of the direct and indirect costs of the Secretary, the Gambling Commission, or the Police in—
(a)publicising and informing people about this Act:
(b)administering this Act:
(c)enforcing and monitoring compliance with this Act:
(d)doing anything else authorised or required by this Act.

 

(2)Examples of the costs that may be recovered include—
(a)the cost of processing applications:
(b)the costs of issuing licences or certificates:
(c)the cost of funding the gambling inspectorate:
(d)the costs of providing, operating, and maintaining systems, databases, or other processes in connection with the administration of this Act:
(e)the costs of services provided by third parties (for example, credit checking agencies).

 

(3)Regulations made under subsection (1) may specify—
(a)the matters in respect of which fees or charges are payable:
(b)the amounts of fees or charges or the method or rates by which they are to be assessed:
(c)the person or classes of person liable for payment of the fees or charges:
(d)gambling equipment or classes of gambling equipment or particular games or classes of game to which the fees or charges apply:
(e)the circumstances in which penalty for default in payment is payable or the payment of the whole or a part of those fees or charges may be remitted or waived:
(f)the manner in which the fees or charges are to be paid.

 

370A Regulations relating to offences

370A     Regulations relating to offences

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

(a)prescribing offences in respect of the contravention of any regulation or game rule made under this Act:
(b)prescribing the penalty for each offence under paragraph (a), which,—
(i)in the case of a licence holder, must not exceed $10,000:
(ii)in the case of an individual, must not exceed $5,000.

 

Section 370A: inserted, on 3 March 2015, by section 122 of the Gambling Amendment Act 2015 (2015 No 3).

 

371 Other regulations

371Other regulations

 

(1)The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)prescribing systems for the management and operation of gambling and gambling equipment:
(b)auditing, reporting on, and monitoring persons who conduct or promote gambling:
(c)requiring specified persons to retain documents and information relating to gambling and gambling equipment:
(d)specifying the time frame within which, and the accounts into which, the profits from gambling must be banked:

(da)specifying the time frame within which, and the accounts from which, the costs incurred in conducting gambling must be met:

(db)specifying the time frame within which, and the accounts from which, funds must be applied to or distributed for authorised purposes:

(dc)prescribing requirements relating to the presentation of financial reports by holders of class 4 operator’s licences, and specifying matters that must be included in those reports, including, without limitation, key indicators of operational efficiency:

(dd)prescribing the payments that corporate societies may make to venue operators and, for that purpose, providing for 1 or more of the following:

(i)the matters for which venue operators may or may not be paid, including (but not limited to) costs:
(ii)any limit on the payment for a matter of a particular kind:
(iii)that, subject to any conditions that may be prescribed, the payment for 1 or more matters may be up to an amount that does not exceed a specified percentage of the turnover (exclusive of prizes and goods and services tax) of the class 4 gambling, for a stated period, at the venue:

(de)prescribing the manner in which payments prescribed under paragraph (dd) are to be set out in class 4 venue agreements:

(e)prescribing systems or processes to ensure compliance with this Act:
(f)prescribing classes of persons who are casino employees who require a certificate of approval:
(g)prohibiting junkets or specifying the terms on which the holder of a casino licence may associate with a junket organiser or may participate in a junket:
(h)prescribing offences for unlawfully organising a junket or associating with a junket organiser or a junket:
(i)providing for any other matters that are contemplated by, or necessary for giving full effect to, this Act and its due administration.

 

(2)Regulations under subsection (1) may apply—
(a)to particular persons or classes of person:
(b)to a particular place or class of place:
(c)to particular gambling equipment or classes of gambling equipment:
(d)to particular games or classes of games, or categories, classes, or forms of gambling.

 

Section 371(1)(d): amended, on 3 March 2015, by section 123(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 371(1)(da): inserted, on 3 March 2015, by section 123(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 371(1)(db): inserted, on 3 March 2015, by section 123(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 371(1)(dc): inserted, on 21 October 2015, by section 30 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 371(1)(dd): inserted, on 21 October 2015, by section 30 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 371(1)(de): inserted, on 21 October 2015, by section 30 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 371(2)(d): amended, on 3 March 2015, by section 123(3) of the Gambling Amendment Act 2015 (2015 No 3).

 

372 Consultation before regulation

372Consultation before regulation
(1)This section applies to regulations proposed to be made under sections 17, 21, 86, 114, 116, 172, 219, 301, 313 to 316, 327, 360, 367, 368, 370, 370A, and 371.

 

(2)Before making regulations under those sections, the Minister must consult, or be satisfied that the Secretary has consulted, in accordance with subsections (3) and (4).

 

(3)The Minister or the Secretary must consult with the persons or organisations that appear to the Minister or the Secretary to be representative of the interests of persons likely to be substantially affected by the relevant regulations.

 

(4)The process for consultation should, to the extent practicable in the circumstances, include—
(a)giving adequate and appropriate notice of the intention to make the regulations; and
(b)giving a reasonable opportunity for interested persons to make submissions; and
(c)adequate and appropriate consideration of submissions.

 

(5)A failure to comply with this section does not affect the validity of regulations made.

 

Section 372(1): amended, on 3 March 2015, by section 124(a) of the Gambling Amendment Act 2015 (2015 No 3).

Section 372(1): amended, on 3 March 2015, by section 124(b) of the Gambling Amendment Act 2015 (2015 No 3).

 

373 Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977

373Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977

[Repealed]

 

Section 373: repealed, on 3 March 2015, by section 125 of the Gambling Amendment Act 2015 (2015 No 3).

 

374 Amendments to other enactments

374Amendments to other enactments

The Acts specified in Schedules 8 and 9 are amended in the manner set out in those schedules.

 

375 Repeals and revocations

375Repeals and revocations
(1)The following Acts are repealed:
(a)Casino Control Act 1990 (1990 No 62):
(b)Gaming and Lotteries Act 1977 (1977 No 84).

 

(2)The Instant Kiwi (Prize Competition) Rules 1989 (SR 1989/261) are revoked.

 

376 Savings

376Savings
(1)Despite section 375(1), the following continue in force, with all necessary modifications as if they were made under this Act:
(a)all regulations made under the previous gaming Acts currently in force:
(b)all game rules made under section 63 of the Casino Control Act 1990 currently in force:
(c)all rules made by the New Zealand Lotteries Commission under section 90 of the Gaming and Lotteries Act 1977, except the rules specified in section 375(2).

 

(2)[Repealed]

 

(3)However, if there is any inconsistency between the provisions of this Act and any provisions of the Gaming and Lotteries Act 1977, this Act prevails.

 

Section 376(2): repealed, on 3 March 2015, by section 126 of the Gambling Amendment Act 2015 (2015 No 3).

 

377 Decisions during transitional period

377Decisions during transitional period
(1)This section applies to applications made under the previous gaming Acts to the Minister, the Secretary, the Casino Control Authority, or a court.

 

(2)An application that is decided in the period from the date on which this Act receives the Royal assent until the date of repeal of the previous gaming Acts must be based on both the previous gaming Acts and any relevant parts of this Act currently in force.

 

(3)An application that is received but not decided before the repeal of the previous gaming Acts (except an application concerning class 4 gambling) must be based solely on this Act.

 

(4)An application concerning class 4 gambling that is decided in the period from the date of repeal of the previous gaming Acts and until the date on which all of subpart 4 of Part 2 of this Act comes into force must be based on the previous gaming Acts and the relevant parts of this Act then in force.

 

(5)An application concerning class 4 gambling that is not decided before all of subpart 4 of Part 2 comes into force must be decided solely on the basis of this Act.

 

(6)For the purposes of subsections (2) and (4), if there is any inconsistency between the provisions of this Act and any provisions of the previous gaming Acts, this Act prevails.