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Schedules

Schedule 1

Schedule 1

Conditions that may attach to casino licence

s 139

 

1Initiatives to encourage responsible gambling.

 

2Initiatives to minimise harm.

 

3Arrangements for any contributions to the community.

 

4Control on the placement of banking facilities available to patrons in a casino.

 

5Requirements for security and surveillance in a casino.

 

6The nature and standard of the casino facilities.

 

7The designation of areas within a casino where casino gambling may be conducted.

 

8The approval of, and procedures for the approval of, alterations to floor plans and the placement of gaming tables and gambling equipment.

 

9Conditions regulating the number of gaming machines and table games, and the ratio of one to the other, and player space and positions at tables and machines.

 

10The standard, type, installation, and operation of electronic monitoring systems and other surveillance equipment, including closed-circuit television systems.

 

11The standard of facilities to be provided for gambling inspectors and the police.

 

12Procedures, forms, and, if appropriate, formulas for, or with respect to,—

(a)hold percentages and calculations of hold percentages; and
(b)revenue drop; and
(c)expense and overhead schedules; and
(d)complementary services; and
(e)salary arrangements; and
(f)personnel practices.

 

Schedule 1AA

Schedule 1AA

Transitional, savings, and related provisions

s 8AA

Schedule 1AA: inserted, on 21 October 2015, by section 31 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

 

Transitional provisions relating to Gambling Amendment Act (No 2) 2015

 

1Annual reports

Section 108 of the principal Act as in force before the commencement of section 21 of the Gambling Amendment Act (No 2) 2015 continues to apply to any annual report that relates to a period that commenced before that commencement.

 

2Publication requirements

A corporate society may, in respect of any matter that occurred before the com­mencement of section 22 of the Gambling Amendment Act (No 2) 2015, choose to comply with section 110 of the principal Act as in force before that commencement instead of section 110 of the principal Act as in force on that commencement.

 

3Certain venue agreements deemed to be amended

A venue agreement that is in force on the commencement of regulations made under section 371(1)(dd) is, to the extent of any inconsistency with those regu­lations, deemed, on and from that commencement, to be amended so as to make that agreement consistent with those regulations, and, in particular, any provision in that agreement—

(a)is deemed to be deleted so far as it provides for the payment of a matter for which the venue operator may not be paid under those regulations; and
(b)that provides for payment in excess of a limit prescribed by those regulations is deemed to be reduced so as not to exceed that limit.

 

4No judicial review unless and until appeal rights exercised

Section 235A of the principal Act as inserted by section 28 of the Gambling Amendment Act (No 2) 2015 applies to decisions by the Secretary made on or after the commencement of that section 28, but does not apply to decisions made before that commencement.


Schedule 2

Schedule 2

Minimum operating standards

s 141

 

1Accounting procedures, standard forms, and definition of terms to be utilised in gambling.

 

2Job description, the system of organising personnel, and the chain of command authority, for example, to establish diversity of responsibility among employees engaged in casino operations and the identification of primary and secondary supervisory positions for areas of responsibility (other areas must not be so extensive as to be impractical for an individual to supervise effectively).

 

3The conduct of games.

 

4Within a cashier's cage, the receipt, storage, and disbursement of chips and cash, and the redemption of chips and the recording of all transactions pertaining to gambling.

 

5The collection and security of money at the gambling tables and other places where gambling is conducted.

 

6The transfer of chips to and from the gaming tables and other places where games are conducted and to and from a cashier's cage.

 

7The transfer of money from the gaming tables and other places where games are conducted to other areas for counting.

 

8The transfer of money or chips to and from a gambling area.

 

9The counting and recording of revenue.

 

10The transfer of money to and from a bank.

 

11The security, storage, and recording of chips utilised in the gambling operations.

 

12The maintenance, security, and storage of gambling equipment.

 

13The payment and recording of winnings if winnings are paid by cash or cheque.

 

14The issue of chip purchase vouchers and the record of those transactions.

 

15The establishment and use of deposit advance accounts.

 

16The use and maintenance of security and surveillance facilities, including closed-circuit television systems.

 

17The utilisation of security personnel.

 

18The control of keys for use in gambling operations.

 

19The design and manufacture of chips.

 

Schedule 3

Schedule 3

Gambling Commission

(cl 1 to cl 3)

s 234

 

1Application

This schedule applies to the Gambling Commission and to a division of the Gambling Commission.

 

2Meetings

(1)The Gambling Commission may regulate its procedure as it thinks fit.

 

(2)Gambling Commission meetings are held at times and places decided by the Chief Gambling Commissioner.
 
(3)The Gambling Commission may meet in private or in public as the Chief Gambling Commissioner decides.
 
(4)The Gambling Commission must give notice of public meetings of the Gambling Commission to persons likely to be interested in the subject matter of the meeting, in whatever way it thinks appropriate.
 
(5)At all Gambling Commission meetings (but not at meetings of a division of the Gambling Commission) the quorum necessary for the transaction of business is 3 Gambling Commissioners, including the Chief Gambling Commissioner or a Gambling Commissioner acting for the Chief Gambling Commissioner.
 
(6)The Chief Gambling Commissioner presides at all meetings of the Gambling Commission at which the Chief Gambling Commissioner is present.
 
(7)If the Chief Gambling Commissioner is not at a meeting, the Gambling Commissioners present must appoint 1 of their number to be the chairperson of that meeting.

 

3Voting

(1)All questions arising at a meeting of the Gambling Commission must be decided by a majority of votes of the Gambling Commissioners present and voting.
 
(2)The Chief Gambling Commissioner (or any chairperson appointed in the absence of the Chief Gambling Commissioner) has a deliberative vote and, if there is equal voting, also has a casting vote.
 
(3)A resolution in writing signed, or assented to by telegraphic or electronic means, by all Gambling Commissioners is valid and effective as if it had been passed at a meeting of the, Gambling Commission duly called and constituted.

 

Schedule 4

Schedule 4

New Zealand Lotteries Commission

(Part 1 to Part 4)

s 241

 

Part 1

Key provisions about governance and operation of Lotteries Commission

 

Board members' role

 

1Board members' role (Repealed)

 

2Accountability of board members to Minister (Repealed)

 

3Minister's role (Repealed)

 

4Minister accountable to House of Representatives (Repealed)

 

 

Operation of Lotteries Commission—collective board duties

 

5Must act consistently with functions and statement of intent (Repealed)

 

6Functions must be performed efficiently, effectively, and consistently with spirit of service to public (Repealed)

 

7Operation must be in financially responsible manner (Repealed)

 

8Government policy and directions must be complied with (Repealed)

 

9Acquisition of shares or interests in companies (Repealed)

 

10Subsidiaries (Repealed)

 

 

Further duties of board members

 

11Duty to not contravene this Act (Repealed)

 

12Duty to act in good faith and not at expense of Lotteries Commission's interests (Repealed)

 

13Duty to exercise reasonable care, diligence, and skill (Repealed)

 

14Use and disclosure of information (Repealed)

 

15Principles of good conduct for board members (Repealed)

 

 

Reliance on information and advice

 

16When board members may rely on certain information and advice (Repealed)

 

 

Conflict of interest provisions

 

17Meaning of interested (Repealed)

 

18Obligation to disclose interest (Repealed)

 

19Method of disclosure of interest (Repealed)

 

20Consequences of interest (Repealed)

 

 

Delegation

 

[21Ability to delegate

(1)The Lotteries Commission must not delegate—
(a)any power to borrow money that it may have under section 160 or section 162 of the Crown Entities Act 2004; or
(b)the power to make, alter, or rescind rules conferred by section 243.

 

(2)This clause applies despite section 73 of the Crown Entities Act 2004.]

22Effect of delegation (Repealed)

 

Effect of non-compliance with board duties

 

23Effect of non-compliance with board duties (Repealed)

 

24Annual report (Repealed)

 

 

Part 2

Board members, committees, and employees

 

Appointment, removal, and conditions of membership of board

 

25Method of appointment (Repealed)

 

26Requirements before appointment (Repealed)

 

27Qualifications of board members (Repealed)

 

28Term of appointment (Repealed)

 

29Validity of acts (Repealed)

 

30Alternate members (Repealed)

 

31Committees (Repealed)

 

32Resignation (Repealed)

 

33Removal from office (Repealed)

 

34No compensation for ceasing to hold office (Repealed)

 

35Board members ceasing to hold office (Repealed)

 

36Board members' remuneration and allowances (Repealed)

 

 

Employees

 

37Lotteries Commission to be good employer (Repealed)

 

38Chief executive and other employees (Repealed)

 

 

Protection from liability of board members, committee members, and employees

 

39Protection for board members, committee members, and employees from liabilities of Lotteries Commission (Repealed)

 

40Immunity of board members, committee members, and employees from civil liability to third parties (Repealed)

 

41Indemnity for board members, committee members, and employees for costs from civil and criminal proceedings (Repealed)

 

42Insurance for board members, committee members, and employees (Repealed)

 

43Definitions for protections from liability (Repealed)

 

 

Disclosure of remuneration, etc

 

44Matters relating to remuneration, etc, to be included in annual report (Repealed)

 

 

General

 

45Board members, committee members, and employees are officials (Repealed)

 

46Application of Government Superannuation Fund Act 1956 to board members and employees

(1)Repealed.

 

(2)Despite anything in this Act, a person who, immediately before becoming an employee of the Lotteries Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is to be treated for the purposes of that Act as being employed in the Government service so long as he or she continues to be an employee of the Commission, and—
(a)that Act applies to the person in all respects as if service as that employee were Government service; and
(b)for the purposes of that Act, the Commission is the controlling authority in relation to the person.

 

 

Part 3

Administration

 

47Method of contracting (Repealed)

 

48Attorney (Repealed)

 

49Presumptions and saving of certain transactions

(1)The validity or enforceability of any deed, agreement, right, or obligation entered into, conferred on, or incurred by the Lotteries Commission is not affected by a failure of the Crown [or the Minister] to comply with any provision of this Act.

 

[(2)

This clause does not limit sections 19 and 20 of the Crown Entities Act 2004.]

 

           

Part 4

Board procedure

 

Presiding member of board

 

50Appointment (Repealed)

 

51Term of appointment (Repealed)

 

52Resignation (Repealed)

 

53Removal (Repealed)

 

 

Procedure of board

 

54Procedure generally (Repealed)

 

55Meetings (Repealed)

 

56Power to make procedural rules (Repealed)

 

Schedule 5

Schedule 5

New Zealand Lottery Grants Board and distribution committees

(Part 1 to Part 2)

ss 273, 280(6)

 

Part 1

New Zealand Lottery Grants Board

 

1Term of office of appointed members

(1)A member of the Board appointed under section 272(2)(d) is to be appointed for a term not exceeding 3 years, as specified by the Governor-General in the member's instrument of appointment, and may be reappointed.
 
(2)Unless sooner vacating office under clause 2, a member continues in office until his or her successor is appointed, despite the expiry of the term of the member's appointment.

 

2Extraordinary vacancies

(1)An appointed member of the Board may at any time be removed from office by the Governor-General for inability in performance of office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.
 
(2)An appointed member may resign from office by notice to the Governor-General.
 
(3)If the office of an appointed member becomes vacant by death, resignation, or removal from office, the vacancy created must as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made.
 
(4)A person appointed to fill a vacancy holds office for the residue of the term for which the person's predecessor would have held office if the vacancy had not occurred.
 

3Prime Minister and Leader of Opposition may appoint deputies

(1)The Prime Minister or the Leader of the Opposition may appoint any member of Parliament as an alternate member to attend meetings in his or her stead, either generally or for any particular meeting.
 
(2)A person appointed under subclause (1) is deemed for all purposes to be a member of the Board while attending any meeting of the Board.
 
(3)No appointment of a person under this clause, and no acts done by the person or by the Board while the person is a member, may in any proceedings be questioned on the ground that the occasion of the person's appointment had not arisen or had ceased.

 

4Board's powers not affected by vacancy in membership

The powers of the Board are not affected by any vacancy in its membership, or by any deficiency in the appointment of any member.

 

5Meetings of Board

(1)Meetings of the Board are to be held at the times and places that the Board appoints.
 
(2)A special meeting of the Board may at any time be convened by the presiding member. The presiding member must call a special meeting whenever requested to do so in writing by 2 or more members of the Board.
 
(3)At least 7 clear days' notice in writing of each meeting, and of the business to be transacted at the meeting, must be given to each member for the time being present in New Zealand.
 
(4)The quorum for any meeting is 4 members.
 
(5)The presiding member presides at each meeting of the Board at which he or she is present.
 
(6)In the absence from any meeting of the presiding member, the members present must elect 1 of their number to preside at the meeting.
 
(7)Every question that arises at a meeting is determined by a majority of votes of the members present and voting on it.
 
(8)The presiding member has a deliberative vote on each question and, in the case of an equality of votes, also has a casting vote.
 
(9)A resolution that is signed, or that is assented to in writing by letter, telegram, facsimile, email, telex message, or other method of communication, by every member who is for the time being in New Zealand (being at least the number required for a quorum) has the same effect as a resolution passed at a meeting of the Board.
 
(10)Subject to this schedule and to subpart 3 of Part 3, the Board may regulate its procedure in the manner that it thinks fit.

 

 

Part 2

Distribution committees

 

6Terms of office of members

(1)A member of a distribution committee is to be appointed for a term not exceeding 3 years, as specified by the Minister in the member's instrument of appointment, and may be reappointed.
 
(2)Unless sooner vacating office under clause 7, a member continues in office until his or her successor is appointed, despite the expiry of the term of the member's appointment.

 

7Extraordinary vacancies

(1)A member of a distribution committee may at any time be removed from office by the Minister for inability in performance of office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
 
(2)A member may resign office by notice to the Minister.
 
(3)When the office of an appointed member of a distribution committee becomes vacant by death, resignation, or removal from office, that vacancy must as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made.
 
(4)Every person so appointed holds office for the residue of the term for which the person's predecessor would have held office if the vacancy had not occurred.

 

8Powers not affected by vacancy in membership

The powers of a distribution committee are not affected by any vacancy in its membership, or by any deficiency in the appointment of any member.

 

9Meetings

(1)Meetings of a distribution committee are to be held at the times and places that the committee appoints.
 
(2)A special meeting of a distribution committee may at any time be convened by the presiding member. The presiding member must call a special meeting whenever requested to do so in writing by 2 or more members of the committee.
 
(3)At least 7 clear days' notice of each meeting, and of the business to be transacted at the meeting, must be given to each member for the time being present in New Zealand.
 
(4)The quorum for any meeting is a number of members that is not less than half of the membership of the committee.
 
(5)The presiding member presides at each meeting of the committee at which he or she is present.
 
(6)In the absence from any meeting of the presiding member, the members present must elect 1 of their number to preside at the meeting.
 
(7)Every question that arises at a meeting is determined by a majority of votes of the members present and voting on it.
 
(8)The presiding member has a deliberative vote on each question and, in the case of an equality of votes, also has a casting vote.
 
(9)A resolution that is signed, or that is assented to in writing by letter, telegram, facsimile, email, telex message, or other method of communication, by every member who is for the time being in New Zealand (being at least the number required for a quorum) has the same effect as a resolution passed at a meeting of the committee.
 
(10)Subject to this schedule and to subpart 3 of Part 3, a distribution committee may regulate its procedure in the manner that it thinks fit.

 

10Distribution committee may delegate functions

(1)A distribution committee may appoint any 1 or more persons (whether or not a member of the committee) to be a subcommittee and may, in writing, delegate to a subcommittee its power to determine any application or class of applications made under section 282.
 
(2)Subject to any general or special directions given or conditions or restrictions imposed by the distribution committee, the subcommittee to which the power is delegated may perform and exercise it in the same manner and with the same effect as if it had been conferred directly by this Act and not by delegation.
 
(3)A subcommittee that purports to act under a delegation under this clause is, in the absence of proof to the contrary, presumed to be acting within the terms of the delegation.
 
(4)An appointment of a subcommittee or a delegation of power under this section—
(a)is revocable at will:
(b)does not prevent the exercise of the power by the distribution committee.

 

(5)A delegation continues in force according to its tenor until it is revoked, and the appointment of a subcommittee continues in force, despite any change in the membership of the distribution committee.

 

 

Schedule 6

Schedule 6

Infringement offences

ss 4, 356-360

 

Provision

Description of offence

Fees ($)

s 16

Advertising overseas gambling prohibited

$5,000

s 82

Certain information that must be displayed at class 4 venue

$2,500

s 83

Obligation to provide information on disposal of gaming machines

$2,500

s 84

Prohibition on certain gaming machines in class 4 venue

$5,000

s 104

Banking and other related requirements for

gaming machine profits

$2,500

s 105

Banking requirements for interest, investment

return, etc, on gaming machine profits

$2,500

s105A

Management of bank accounts for gaming

machine profits

$2,500

s 110

Publication requirements for corporate societies

$2,500

s 117

Failure to provide information Secretary requires for investigation

and audit

$2,500

s 121

Casino branding

$5,000

s 172(2)

Operating outside restricted hours

$5,000

s 175

Information that must be displayed to customers in casino venue

$2,500

s 176

Failure to provide training for employees

$2,500

s 179

Obligation to provide information on disposal of gaming machine

$2,500

s 180

Prohibition on certain gaming machines in casino venue

$5,000

s 203(6)

Licensed promoter may only be employed by society as

licensed promoter

$   500

s 213

Requirement of licensed promoter to render an account

to a society

$1,000

s 251(2)

Person other than broadcaster who publishes or broadcasts

announced result of New Zealand lottery

$   100

s 267(2)

Protection of name of Lotteries Commission

$2,500

s 268(1)

Protection of product names of Lotteries Commission

$2,500

s 301(1)

Restriction on purchasing a ticket in an instant game or

similar game by person under 18 years

$   500

s 302(1)

Restriction on class 4 gambling by person under 18 years

$   500

s 303(1)

Restriction on casino gambling by person under 20 years

$   500

s 308(5)

Requirement to display notice of policy for identifying problem

gamblers

$2,500

s 312(1)

Breach of an exclusion order issued under section 309 or

section 310

$   500

 

Schedule 6: amended, on 3 March 2015, by section 127(1) of the Gambling Amendment Act 2015 (2015 No 3).

Schedule 6: amended, on 3 March 2015, by section 127(2) of the Gambling Amendment Act 2015 (2015 No 3).

Schedule 6: amended, on 3 March 2015, by section 127(3) of the Gambling Amendment Act 2015 (2015 No 3).

Schedule 6: amended, on 3 March 2015, by section 127(4) of the Gambling Amendment Act 2015 (2015 No 3).

 

Schedule 7

Schedule 7

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

s 373

 

Schedule 7: repealed, on 3 March 2015, by section 128 of the Gambling Amendment Act 2015 (2015 No 3).


 

Schedule 8

Schedule 8

Amendments to Racing Act 2003

s 374

 

Section 5(1)

 

Insert, in the appropriate alphabetical order:

Board operator means the person supervising a Board venue

Board venue means premises that are owned or leased by the Board and where the main business carried on at the premises is providing racing betting or sports betting services under this Act

harm has the same meaning as in section 4(1) of the Gambling Act 2003

problem gambler has the same meaning as in section 4(1) of the Gambling Act 2003

Secretary means the Secretary for Internal Affairs

territorial authority

"(a)has the same meaning as in section 5(1) of the Local Government Act 2002; but

"(b)“does not include the Minister of the Crown who is, for the time being, responsible for that Act

territorial authority consent means consent granted by a territorial authority under section 65C

territorial authority district means a district in respect of which a territorial authority is constituted.”

 

Section 61

 

Repeal and substitute:

“61

Use of betting systems for gaming purposes, etc

"(1)The Board 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.

 

"(2)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.

 

"(3)Despite the Gambling Act 2003, the Board 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.

 

Section 63

 

Repeal and substitute:

“63

Restrictions on betting

"(1)Every person commits an offence who,—

"(a)being under 18 years, makes a bet, whether on his or her own behalf or on behalf of another person; or

"(b)makes a bet on behalf of any person under 18 years.

 

"(2)Every member, officer, agent or employee of a racing club, or of the Board, or of an agent of the Board, commits an offence who—

"(a)receives, registers, or takes into account a bet by a person under 18 years, whether the bet is made by that person on his or her own behalf or on behalf of any other person; or

"(b)permits to be received, registered, or taken into account a bet by a person under 18 years, whether the bet is made by that person on his or her own behalf or on behalf of any other person; or

"(c)offers or provides credit to any person if he or she knows, or ought to know, that the credit is intended to be used to make a bet.

 

"(3)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.

 

"(4)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.

 

"(5)Every person who commits an offence against this section is liable on summary conviction to,—

"(a)in the case of an offence against subsection (1)(a), a fine not exceeding $500:

"(b)in the case of an offence against subsection (1)(b), a fine not exceeding $1000:

"(c)in the case of an offence against subsection (2)(a) or (b), a fine not exceeding $5,000:

"(d)in the case of an offence against subsection (2)(c), a fine not exceeding $10,000:

 

"(6)In this section and section 63A,—

bet means a bet made with the Board (whether directly or through a racing club or other agent) or a racing club conducting equalisator betting

evidence of age document has the same meaning as in section 2A of the Sale of Liquor Act 1989.

 

“63A

Power to require particulars

"(1)If any member of the police, or any member, officer, agent or employee of a racing club, or of the Board, or of an agent of the Board (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.

 

"(2)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.

 

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

 

 

New Parts 6A and 6B

 

Insert, after section 65:

 

“Part 6A

Territorial authority consent

 

“65A

When territorial authority consent is required

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

 

“65B

Application for territorial authority consent

"(1)An application for a territorial authority consent must be made to the territorial authority for the district in which the Board venue will be located.

 

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

 

“65C

Considering and determining application for territorial authority consent

"(1)A territorial authority must—

"(a)consider an application for a territorial authority consent in accordance with its Board venue policy; and

"(b)either grant or refuse a consent.

 

"(2)The territorial authority must notify the Board and the Secretary of its determination within 30 working days after the later of—

"(a)the date of receipt of the application; or

"(b)the date that it adopts a Board venue policy.

 

"(3)A territorial authority must not consider an application for territorial authority consent before it has a Board venue policy.

 

“65D

Territorial authority must adopt Board venue policy

"(1)A territorial authority must, within 6 months after the commencement of this section, adopt a policy on Board venues.

 

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

 

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

 

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

"(a)the characteristics of the district and parts of the district:

"(b)the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities:

"(c)the cumulative effects of additional opportunities for gambling in the district.

 

“65E

Adoption and review of Board venue policy

"(1)A policy on Board 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)the Board; and

"(b)organisations representing Maori in the territorial authority district.

 

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

 

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

 

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

 

"(5)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.

 

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

 

“Part 6B

Harm prevention and minimisation

 

“65F

Regulations relating to harm prevention and minimisation

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

"(a)prescribing requirements for the design, layout, and furnishing of a Board venue:

"(b)prescribing the information or messages that the Board must provide to persons about racing betting and sports betting at the venue:

"(c)prescribing codes requiring the advertising of racing betting, sports betting, racecourses, and Board venues to be responsible:

"(d)requiring the Board to provide problem gambling awareness training for employees involved in supervising racing betting and sports betting at Board venues:

"(e)prescribing systems or processes ancillary to racing betting and sports betting, including the availability of automatic teller machines at a Board venue:

"(f)prescribing any other requirements relating to harm prevention or minimisation.

 

“65G

Regulations relating to admission to and exclusion from Board venues

"(1)The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to Board venues.

 

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

 

"(3)Every person who enters, or remains on, a Board 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.

 

“65H

Regulations relating to exclusion of problem gamblers from Board venues and racecourses

"(1)The Governor-General may, by Order in Council, make regulations—

"(a)prescribing 1 or more procedures to enable a Board operator or racing club to identify problem gamblers:

"(b)prescribing procedures for prohibiting identified problem gamblers from entering a Board venue or racecourse:

"(c)prescribing procedures for removing a person who a Board operator or racing club has reasonable grounds to believe is a problem gambler:

"(d)ensuring that access to Board venues and racecourses by identified problem gamblers is restricted:

"(e)prescribing 1 or more procedures that must be completed by a problem gambler as a condition of re-entry to a Board venue or racecourse.

 

"(2)Regulations made under subsection (1) must—

"(a)“specify the grounds on which a person may be identified as a problem gambler:

"(b)set out the steps to be taken to identify a person as a problem gambler:

"(c)prescribe the persons (including the qualifications of those persons) who are authorised to perform specific functions in relation to identifying and excluding problem gamblers:

"(d)set out the rights, including the rights of appeal against specified decisions, of a person who is subject to the procedure.

 

“65I

Board must pay problem gambling levy

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

 

“65J

Board must provide information to Secretary

"(1)The Secretary may require information from the Board for research, and policy analysis and development, associated with the purposes of the Gambling Act 2003.

 

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

 

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

 

 

 

Schedule 9

Schedule 9

Amendments to other Acts

s 374

 

Arts Council of New Zealand Toi Aotearoa Act 1994 (1994 No 19)

 

Omit from clause 17(b) of Schedule 1 the words “under section 116J(1)(a) of the Gaming and Lotteries Act 1977 (as substituted by section 3 of the Gaming and Lotteries Amendment Act 1987)” and substitute the words “section 279 of the Gambling Act 2003”.

 

Boxing and Wrestling Act 1981 (1981 No 28)

 

Omit from section 2(2) the expression “Gaming and Lotteries Act 1977” and substitute the expression “Gambling Act 2003”.

 

Building Societies Act 1965 (1965 No 22)

 

Omit from section 31A(7) the expression “Gaming and Lotteries Act 1977” and substitute the expression “Gambling Act 2003”.

 

Omit from section 113L and the heading to that section the expression “Gaming and Lotteries Act 1977” wherever it occurs and substitute in each case the expression “Gambling Act 2003”.

 

Conservation Act 1987 (1987 No 65)

 

Omit from the definition of sale in section 2(1) the words “raffle, lottery, or other game of chance” and substitute the word “gambling”.

 

Countrywide Banking Corporation Limited Act 1994 (1994 No 1) (P)

 

Omit from section 11 and the heading to that section the expression “Gaming and Lotteries Act 1977” in both places where it occurs and substitute in each case the expression “Gambling Act 2003”.

 

Finance Act 1990 (No 2) (1990 No 73)

 

Omit from section 9 and the heading to that section the expression “Gaming and Lotteries Act 1977” in both places where it occurs and substitute in each case the expression “Gambling Act 2003”.

 

Financial Transactions Reporting Act 1996 (1996 No 9)

 

Repeal paragraph (c)(ii) of the definition of “transaction” in section 2(1) and substitute:

“(ii)

participation in gambling as defined in section 4(1) of the Gambling Act 2003:”

 

Repeal paragraph (e) of the definition of “financial institution” in section 3(1) and substitute:

“(e)

the holder of a casino operator’s licence under the Gambling Act 2003

 

Fisheries Act 1996 (1996 No 88)

 

Repeal paragraph (a)(iv) of the definition of “sale” in section 2(1) and substitute:

“(iv)

disposal by way of gambling (as that term is defined in section 4(1) of the Gambling Act 2003); and.”

           

Flags, Emblems, and Names Protection Act 1981 (1981 No 47)

 

Repeal the items in Schedule 3 that relate to the Gaming and Lotteries Act 1977 and substitute:

“The Gambling Act 2003: section 267—New Zealand Lotteries Commission

“The Gambling Act 2003: section 268—Golden Kiwi”

 

Gaming Duties Act 1971 (1971 No 34)

 

Repeal the definition of “lottery” in section 3 and substitute:

New Zealand lottery has the meaning set out in section 4(1) of the Gambling Act 2003.”

 

Repeal the definition of “organiser” in section 3 and substitute:

organiser, in relation to a New Zealand lottery, means the New Zealand Lotteries Commission continued by section 236 of the Gambling Act 2003.”

 

Omit from the heading to section 12A the words “New Zealand instant games” and substitute the words “instant game that is New Zealand lottery”.

 

Omit from section 12A the words “any New Zealand instant game” and substitute the words “an instant game that is a New Zealand lottery”.

 

Repeal the definition of “dutiable game” in section 12B and substitute:

dutiable game

“(a)

means gambling by means of a gaming machine under the Gambling Act 2003; but

“(b)

does not include casino gambling as defined in section 34 of that Act”.

 

Omit from the definition of “gaming machine” in section 12B the words “section 2 of the Gaming and Lotteries Act 1977” and substitute the words “section 4(1) of the Gambling Act 2003”.

 

Repeal paragraph (a) of the definition of “gaming machine operator” in section 12B and substitute:

"(a)a society licensed under the Gambling Act 2003 to conduct a dutiable game; and.”

 

Omit from the definition of the word “society” in section 12B the words “section 2 of the Gaming and Lotteries Act 1977” and substitute the words “section 4(1) of the Gambling Act 2003”.

 

Repeal the definition of “authorised game” in section 12M.

 

Omit from the definition of “casino” in section 12M the expression “Casino Control Act 1990” and substitute the expression “Gambling Act 2003”.

 

Insert, after the definition of casino in section 12M:

casino gambling has the same meaning as in section 34 of the Gambling Act 2003.”

 

Repeal the definition of “casino operator” in section 12M and substitute:

casino operator means a person, being the holder of either a casino operator's licence or a casino venue licence under subpart 5 of Part 2 of the Gambling Act 2003, who is entitled to the gaming income of a casino; and includes—

"(a)the holder of a temporary authority to carry on the operation of a casino granted under section 187 of the Gambling Act 2003:

"(b)in relation to a return period and to the obligations and liabilities under sections 12N to 12Q of a person who was at any time during that period a casino operator, that person, despite that the person may have ceased during or after the return period to operate under a casino operator's licence, casino venue licence, or a temporary authority.”

 

Omit from the definition of “chips” in section 12M the words “section 2 of the Casino Control Act 1990” and substitute the words “section 4(1) of the Gambling Act 2003”.

 

Omit from paragraph (b) of the definition of “gaming income” in section 12M the words “authorised game” and substitute the words “casino gambling”.

 

Repeal the definition of “play” in section 12M and substitute:

play, in relation to casino gambling, includes participate in or commence that gambling”

 

Omit from section 12O(2) the expression “Casino Control Act 1990” and substitute the expression “Gambling Act 2003”.

 

Omit from section 14A(1) the words “Gaming and Lotteries Act 1977 or the Casino Control Act 1990” and substitute the expression “Gambling Act 2003”.

 

Goods and Services Tax Act 1985 (1985 No 141)

 

Repeal section 5(10) to (11C) and substitute:

“(10)

Despite anything in this Act, for the purposes of this Act if a person pays an amount in money to participate in gambling (including a New Zealand lottery), the amount of money paid to participate must be treated as payment for the supply of services by the person, society, licensed promoter, or organiser who under the Gambling Act 2003 conducts the gambling.

 

“(11)

For the purposes of subsection (10)—

"(a)the terms gambling, New Zealand lottery, licensed promoter, and society have the meanings set out in section 4(1) of the Gambling Act 2003:

"(b)the term organiser means the New Zealand Lotteries Commission continued by section 236 of the Gambling Act 2003.

 

“(11B)

Despite anything in this Act, for the purposes of this Act if a person pays to a casino an amount in money—

"(a)to purchase a chip or otherwise participate in gambling played or conducted in a casino venue; or

"(b)as commission for participating in gambling played or conducted in a casino venue,—

“the money paid must be treated as payment for the supply of services by the holder of the casino operator's licence.”

 

“(11C)

For the purposes of subsection (11B), the terms casino venue, chip, and gambling have the meanings set out in section 4(1) of the Gambling Act 2003.”

 

Repeal section 9(2)(e) and substitute:

“(e)

if the supply is treated as having been made under section 5(10) on the date on which the first drawing or determination of a result of the gambling (including a New Zealand lottery) commences, provided that this paragraph does not apply to an instant game that is a ‘New Zealand lottery’ or ‘gambling’ played by means of a gaming machine (as those terms are defined in section 4(1) of the Gambling Act 2003):”

 

Repeal section 9(2)(g) and substitute:

“(g)

if the supply is treated as having been made under section 5(11B) at the time a casino count takes place.”

 

Repeal section 10(14) to (15B) and substitute:

"(14)If a supply of services is treated as having been made under section 5(10), the consideration in money for the supply is the portion of the amount in money a person pays to participate in the gambling (including a New Zealand lottery) that represents the total proceeds (after deducting the amount of all prizes paid and payable in money) in respect of the gambling.

 

"(15)For the purposes of subsection (14), the terms gambling and New Zealand lottery have the meanings set out in section 4(1) of the Gambling Act 2003.

“(15A)

If a supply is treated as having been made under section 5(11B), the consideration in money for the supply (less any amount paid out by the casino as winnings in respect of gambling or for the redemption of chips) must be treated—

"(a)as the amount of money (including cheques not collected) a person pays to the casino to purchase a chip or otherwise to participate in gambling played or conducted at a casino venue; or

"(b)as commission for participation in the gambling.

 

“(15B)

For the purposes of subsection (15A), the terms casino venue, chip, and gambling have the meanings set out in section 4(1) of the Gambling Act 2003.”

 

Income Tax Act 1994 (1994 No 164)

 

Repeal paragraph (i), (iii) and (iv) of the definition of “excepted financial arrangement” in section EH 14 and substitute:

“(iii)

gambling, including a New Zealand lottery (as those terms are defined in section 4(1) of the Gambling Act 2003);”

 

Repeal section EH 24(1)(c)(iii) and (iv), and substitute:

“(iii)

gambling, including a New Zealand lottery, (as those terms are defined in section 4(1) of the Gambling Act 2003);”

 

Insurance Law Reform Act 1985 (1985 No 117)

 

Repeal section 7(2).

 

New Zealand Film Commission Act 1978 (1978 No 61)

 

Omit from section 20(b) the expression “Gaming and Lotteries Act 1977” and substitute the expression “Gambling Act 2003”.

 

Omit from section 29 the expression “Gaming and Lotteries Act 1977” and substitute the expression “Gambling Act 2003”.

 

Omit from section 36(2)(a) the words “section 85 of the Gaming and Lotteries Act 1977” and substitute the words “section 245 of the Gambling Act 2003”.

 

Ombudsmen Act 1975 (1975 No 9) (Repealed)

 

Post Office Bank Act 1987 (1987 No 114)

 

Omit from section 5 and the heading to that section the expression “Gaming and Lotteries Act 1977” in both places where it occurs and substitute in each case the expression “Gambling Act 2003”.

 

Privacy Act 1993 (1993 No 28)

 

Add to Part 1 of Schedule 2:

 

Gambling Act 2003     section 204”

 

Public Finance Act 1989 (1989 No 44) (Repealed)

 

Securities Markets Act 1988 (1988 No 234)

 

Omit from section 40(1) the expression “Gaming and Lotteries Act 1977” and substitute the expression “Gambling Act 2003”.

 

Smoke-free Environments Act 1990 (1990 No 108)

 

Repeal the definition of “casino” in section 2 and substitute:

casino means a casino for which a casino venue licence is in force under section 122 or section 137 of the Gambling Act 2003.”

 

Repeal the definition of “casino operator's licence” in section 2 and substitute:

casino operator's licence means a licence granted under section 130 of the Gambling Act 2003.”

 

Repeal the definition of “gaming” in section 2 and substitute:

gambling has the meaning set out in section 4(1) of the Gambling Act 2003.”

 

Repeal the definition of “gaming area” in section 2 and substitute:

gambling area, in relation to a casino venue, means the area of the venue in which gambling is conducted.”

 

Omit from section 13A the word “gaming” wherever it occurs and substitute in each case the word “gambling”.

 

Sport and Recreation New Zealand Act 2002 (2002 No 38)

 

Omit from section 44(b) the words “the Gaming and Lotteries Act 1977” and substitute the words “section 279 of the Gambling Act 2003”.

 

Summary Proceedings Act 1957 (1957 No 87)

 

Insert, in the definition of “infringement notice” in section 2(1), after paragraph (fa) the third time it appears:

“(fb)

section 357 of the Gambling Act 2003; or.”

 

Repeal the item in Part 2 of the Schedule 1 that relates to the Casino Control Act 1990 and insert, in its appropriate alphabetical order:

 

The Gambling Act 2003

351

Cheating

 

353

Offences involving counterfeit chips”

 

Tax Administration Act 1994 (1994 No 166)

 

Insert, after section 81(4)(e):

“(ea)

communicating to any officer, being an employee of the Department of Internal Affairs, any information, being information—

"(i)which that officer is authorised by the Department to receive; and

"(ii)which the Commissioner considers is not undesirable to disclose and is essential to enable that officer to carry out any duty lawfully conferred on the officer relating to the determination of the problem gambling levy rate:”

 

Insert in section 87(5)(a)(i), after the expression “(e),”, the expression “(ea),”.

 

Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)

 

Repeal the item in Schedule 2 that relates to the Gaming and Lotteries Act 1977 and substitute “Gambling Act 2003, to the extent that it deals with any requirement described in section 10(2) applicable to the sale of a gaming machine within the meaning of that Act”.

 

 

_________________________________________________________________________

 

Legislative history

 

19 February 2002

Introduction (Bill 200-1)

26 February 2002

First reading and referral to Government Administration Committee

19 November 2002

Reported from Government Administration Committee (Bill 200-2)

12 August 2003

Second reading

9 September 2003

Committee of the whole House (Bill 200-3)

11 September 2003

Third reading

 

 


Gambling Amendment Act 2005

 

2005 No 35

 

Contents

 

1Title

2Commencement

3Interpretation

 

[20 April 2005

 

The Parliament of New Zealand enacts as follows:

 

1Title

(1)This Act is the Gambling Amendment Act 2005.

 

(2)In this Act, the Gambling Act 2003 is called “the principal Act”.

 

2Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

 

3Interpretation

Section 4(1) of the principal Act is amended by repealing paragraph (b)(iv) of the definition of “key person”, and substituting the following subparagraphs:

“(iv)

a person who is a director, chief executive, or senior manager of a venue operator:

“(iva)

any other person whom the Secretary reasonably believes to have a significant interest in the management, ownership, or operation of a venue operator, except for the following persons holding office, elected, or appointed under the Sale of Liquor Act 1989:

"(A)a member of a licensing trust elected in accordance with sections 191 to 194 of that Act or appointed under section 195 of that Act; or

"(B)a trustee of a community trust holding office under section 219Q of that Act or elected in accordance with section 219R of that Act or appointed under section 219U of that Act.”

 

 

_________________________________________________________________________

 

Legislative history

 

30 November 2004

Introduction (Bill 235-1)

14 December 2004

First reading and referral to Government Administration Committee

21 February 2005

Reported from Government Administration Committee (Bill 235-2)

12 April 2005

Second reading, committee of the whole House, third reading

 

 


Gambling Amendment Act (No 2) 2005

 

2005 No 104

 

 

Contents

 

1Title

2Commencement

3Interpretation

4Meaning of class 1 gambling

5Meaning of class 2 gambling

6Considering and determining application for territorial authority consent

7Gaming machine profits must be banked

8Affected transactions

9Content and conditions of licensed promoter's licence

10Regulations relating to infringement offences

11Power to make game rules

 

 

[14 December 2005

The Parliament of New Zealand enacts as follows:

 

1Title

(1)This Act is the Gambling Amendment Act (No 2) 2005.

 

(2)In this Act, the Gambling Act 2003 is called “the principal Act”.

 

2Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

 

3Interpretation

(1)Section 4(1) of the principal Act is amended by inserting, in the definition of “game rules”, after the word “particular”, the words “games, categories, classes, or”.

 

(2)Section 4(1) of the principal Act is amended by omitting from paragraph (a) of the definition of “housie” the words “that satisfies any applicable game rules, and where”, and substituting the words “in which”.

 

4Meaning of class 1 gambling

Section 22(a)(i) of the principal Act is amended by omitting the word “individuals”, and substituting the words “a person other than a society”.

 

5Meaning of class 2 gambling

(1)Section 24(b) and (c) of the principal Act is amended by omitting the words “exceeds $500 but”.

 

(2)Section 24 of the principal Act is amended by adding, as subsection (2), the following subsection:

“(2)

To avoid doubt, class 2 gambling is gambling that is not class 1 gambling.”

 

6Considering and determining application for territorial authority consent

Section 100 of the principal Act is amended by omitting the word “gambling” wherever it appears, and substituting in each case the words “class 4”.

 

7Gaming machine profits must be banked

Section 104 of the principal Act is amended by repealing subsection (5), and substituting the following subsection:

“(5)

In this section and section 105, gaming machine profits for a specified period means the turnover of the class 4 gambling in that period minus the total prizes paid in that period.”

 

8Affected transactions

Section 154(3) of the principal Act is amended by inserting, after the word “approve”, the words “a person with a significant influence as”.

 

9Content and conditions of licensed promoter's licence

Section 203(5) of the principal Act is amended by omitting the word “society”, and substituting the words “licensed promoter”.

 

10Regulations relating to infringement offences

Section 360(b) of the principal Act is amended by omitting the word “maximum”.

 

11Power to make game rules

Section 367(1) of the principal Act is amended by inserting, after the word “games” in both places where it appears, the words “, categories, classes, or forms of gambling”.

 

 

_________________________________________________________________________

 

Legislative history

 

8 December 2005       Divided from Statutes Amendment Bill (No 5) (Bill 249-2), third reading