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Part 1 - Preliminary Provisions

1 Title

The parliament of New Zealand enacts as follows:

 

1             Title

This Act is the Gambling Act 2003.


2 Commencement

2             Commencement
(1)           The following sections come into force on the day after the date on which this Act receives the Royal assent:
(a)          sections 10 to 13; and
(b)          section 30(b); and
(c)          section 34; and
(d)          section 84; and
(e)          sections 86 to 93; and
(f)           section 94(1), (2)(a), and (3); and
(g)          section 97; and
(h)          sections 98 to 103; and
(i)            section 121; and
(j)            section 180; and
(k)          section 314; and
(l)            sections 317 to 325; and
(m)         section 372 as far as it relates to section 314; and
(n)          [Repealed]; and
(o)          section 376(2); and
(p)          section 377; and
(q)          Schedule 7 as far as it relates to the Casino Control Act 1990; and
(r)           section 4(1) as far as it relates to the sections specified in paragraphs (a) to (q).

 

(2)           Schedule 7 as far as it relates to the Gaming and Lotteries Act 1977 comes into force on 1 October 2003.

 

(3)           The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions.

3 Purpose

3Purpose

The purpose of this Act is to—

(a)control the growth of gambling; and
(b)prevent and minimise harm from gambling, including problem gambling; and
(c)authorise some gambling and prohibit the rest; and
(d)facilitate responsible gambling; and
(e)ensure the integrity and fairness of games; and
(f)limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling; and
(g)ensure that money from gambling benefits the community; and
(h)facilitate community involvement in decisions about the provision of gambling.

 

Section 3(b): amended, on 3 March 2015, by section 4(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 3(f): amended, on 3 March 2015, by section 4(2) of the Gambling Amendment Act 2015 (2015 No 3).

4 Interpretation

4Interpretation

 

(1)In this Act, unless the context otherwise requires,—

allocate, in relation to tickets in an instant game,—

(a)that is a New Zealand lottery or part of a New Zealand lottery, means to determine, in accordance with section 248, the tickets that are prize-bearing tickets or the prize that each ticket bears:
(b)that is not a New Zealand lottery or part of a New Zealand lottery, means to determine wholly by chance the tickets that are prize-bearing tickets or the prize that each ticket bears

apply, in relation to the application by a corporate society of net proceeds from class 4 gambling to an authorised purpose, means spending the net proceeds directly on the corporate society’s own authorised purpose

approved evidence of age document has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

approved surety

(a)means a person or entity declared by the Secretary, by notice in the Gazette, to be an approved surety for the purpose of section 195; and
(b)includes a registered bank

associated person means a person who is approved as an associated person for a particular casino by the Secretary or the Gambling Commission, as the case may be

authorised chip means a chip that satisfies any applicable minimum operating standards specified by the Secretary under section 141

authorised purpose means,—

(a)for class 1 gambling, class 2 gambling, and class 3 gambling, any of the following purposes:
(i)a charitable purpose:
(ii)a non-commercial purpose that is beneficial to the whole or a section of the community:
(iii)promoting, controlling, and conducting race meetings under the Racing Industry Act 2020, including the payment of stakes:
(iv)an electioneering purpose:
(b)for class 4 gambling, any of the purposes specified in paragraph (a)(i) to (iii)

authorised representative, in relation to a society, means a natural person employed or engaged by the society for, mainly, non-gambling tasks

Authority means the Casino Control Authority established by section 7 of the Casino Control Act 1990

Board means the New Zealand Lottery Grants Board established by section 116A of the Gaming and Lotteries Act 1977 and continued in existence under section 272 of this Act

bookmaking

(a)means running a business or making, or endeavouring to make, a living, totally or partly, from any of the following activities:
(i)taking or negotiating bets:
(ii)organising pool betting:
(iii)matching gamblers:
(iv)laying or offering odds:
(v)offering to bet with more than 1 person; but
(b)does not include—
(i)the activities of the TAB NZ or a racing club under the Racing Industry Act 2020; or
(ii)private gambling; or
(iii)casino gambling

broadcaster and broadcasting have the same meanings as in section 2(1) of the Broadcasting Act 1989

casino count, in relation to a casino, means a count of money paid for the right to participate in casino gambling

casino gambling has the meaning given by section 34

casino licence means a casino operator’s licence or a casino venue licence

casino operator’s licence means a licence granted under section 130; and includes an existing casino operator’s licence

casino venue, in relation to a licensed casino,—

(a)means the area defined as constituting the casino in the casino venue licence; and
(b)includes any building or room in which games are conducted and played and in which money counting, surveillance, storage, and other activities related to the conduct and playing of games are carried on

casino venue agreement means an arrangement or agreement made between the holder of a casino venue licence and the holder of a casino operator’s licence to operate the casino to which the casino venue licence relates

casino venue licence means an existing casino premises licence that continues in existence under section 122

chip means a token used, or capable of being used, in the conduct of casino gambling instead of money

class 3 gambling has the meaning given by section 27

class 3 operator’s licence means a licence granted under section 37

class 4 gambling has the meaning given by section 30

class 4 operator’s licence means—

(a)a licence granted under section 52; or
(b)an existing gaming machine licence

class 4 venue means a place used to operate class 4 gambling

class 4 venue agreement means an agreement or agreements between the holder of, or applicant for, a class 4 operator’s licence or a class 4 venue licence and the venue operator that sets out their respective rights and responsibilities

class 4 venue licence means—

(a)a licence granted under section 67; or
(b)a site approval

club means a voluntary association of persons combined for a purpose other than personal gain

commission means a payment that is based directly or indirectly on a percentage of the turnover in a gambling activity

communication device means a machine, device, or thing for communicating at a distance and using any technology (including telecommunication, radiocommunication, and broadcasting technology)

corporate society means 1 society that is—

(a)incorporated under the Incorporated Societies Act 1908; or
(b)incorporated as a board under the Charitable Trusts Act 1957; or
(c)a company incorporated under the Companies Act 1993 that—
(i)does not have the capacity or power to make a profit; and
(ii)is incorporated and conducted solely for authorised purposes; or
(d)a working men’s club registered under the Friendly Societies and Credit Unions Act 1982

counterfeit chip includes an authorised chip that has been altered in any manner so as to resemble another authorised chip

crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961

Department means the Department of Internal Affairs or any other department of State that has assumed responsibility for the administration of this Act

distribute, in relation to the distribution by a corporate society of net proceeds from class 4 gambling to an authorised purpose, means the corporate society making a grant to another person for that person to spend on an authorised purpose

draw, in relation to a lottery, means to determine by lot, or wholly by chance, the participants entitled to a prize

EFTPOS device means an electronic funds transfer at point of sale device

electioneering purpose means the purpose of a group or an individual standing for election to public office (including, for example, candidates in a national or local body election or candidates for election to community trusts or energy trusts)

electronic monitoring system means an electronic or computer system or communication device that is designed or adapted for use to—

(a)receive or send data from or to a gaming machine concerning the security, accounting, or operation of the gaming machine and any games or features played on, or associated with, the gaming machine; and
(b)remotely enable or disable a gaming machine

existing casino agreement means a casino agreement approved under section 42 of the Casino Control Act 1990

existing casino licence has the same meaning as the term casino licence in section 2(1) of the Casino Control Act 1990

existing casino operator’s licence means a casino operator’s licence granted under section 37 of the Casino Control Act 1990

existing casino premises licence means a casino premises licence granted under section 31 of the Casino Control Act 1990

existing gaming machine licence means a licence authorising a society to conduct gambling by way of gaming machines granted under section 8 of the Gaming and Lotteries Act 1977

existing licensed promoter’s licence means a licensed promoter’s licence granted under section 47 of the Gaming and Lotteries Act 1977

gambling

(a)means paying or staking consideration, directly or indirectly, on the outcome of something seeking to win money when the outcome depends wholly or partly on chance; and
(b)includes a sales promotion scheme; and
(c)includes bookmaking; and
(d)includes betting, paying, or staking consideration on the outcome of a sporting event; but
(e)does not include an act, behaviour, or transaction that is declared not to be gambling by regulations made under section 368

gambling area means,—

(a)for a class 4 venue, that part of the venue that is specified by the Secretary, under section 70(2)(h), as an area where class 4 gambling is permitted or, if the Secretary does not specify an area under that section, the class 4 venue; or
(b)for a casino venue, that part of the venue that is specified by the Gambling Commission under section 139 or the Casino Control Authority under the Casino Control Act 1990 as an area where casino gambling is permitted or, if the Gambling Commission does not specify an area under that section or the Casino Control Authority has not specified an area, the casino venue

gambling assets means assets acquired to enable the conduct of gambling, including, but not limited to, any fittings or chattels

Gambling Commission means the commission established by section 220

Gambling Commissioner means a person appointed under section 221 as a member of the Gambling Commission

gambling equipment

(a)means a machine, device, or thing used remotely or directly to conduct or monitor gambling; and
(b)includes equipment and things associated with the items specified in paragraph (a); and
(c)includes a gaming machine; and
(d)includes a machine, device, or thing declared to be gambling equipment by regulations made under section 368; but
(e)does not include a machine, device, or thing declared not to be gambling equipment by regulations made under section 368

gambling inspector means a person who is appointed as an inspector under section 330

gambling operator means a person or class of person who conducts gambling

game rules means rules made by the Secretary for particular games, categories, classes, or forms of gambling under section 367

gaming machine

(a)means a device, whether totally or partly mechanically or electronically operated, that—
(i)is adapted or designed and constructed for gambling; and
(ii)is played or confers a right to participate, whether totally or partly, by the insertion of money into it or by the direct or indirect payment of money by any other means; and
(b)includes a device for gambling that is conducted partly by a machine and partly by other means; and
(c)includes a device, or type of device, that is declared to be a gaming machine by regulations made under section 368; but
(d)does not include—
(i)a device used only to draw a lottery; or
(ii)a random selection device used in a game of housie; or
(iii)a device used only to dispense tickets that is not capable of being used to decide the outcome of gambling; or

(iia)a jackpot device that links a series of gaming machines and that can only be played through those gaming machines; or

(iv)a communication device that is used both to dispense tickets in and draw a lottery that is a sales promotion scheme; and
(e)does not include a device, or type of device, that is declared not to be a gaming machine by regulations made under section 368; and
(f)does not include a device operated by the Lotteries Commission

government agency means a government department or Crown entity

harm

(a)means harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling; and
(b)includes personal, social, or economic harm suffered—
(i)by the person; or
(ii)the person’s spouse, civil union partner, de facto partner, family, whanau, or wider community; or
(iii)in the workplace; or
(iv)by society at large

housie

(a)means gambling in which—
(i)the numbers are selected randomly and announced to participants; and
(ii)the participants mark or cover the numbers announced on their own cards; and
(iii)the winners are participants who mark or cover any given arrangement of the numbers on their card and announce that fact openly to the other participants and to the organisers; and
(b)includes any other game played in a similar manner to that specified in paragraph (a)

illegal gambling means gambling declared as illegal by section 9, 17(3), or 17A(2)

infringement offence means—

(a)an offence against a section listed in Schedule 6:
(b)an offence prescribed as an infringement offence by regulations made under section 360

instant game means a form of gambling where prizes are allocated before, or simultaneously with, the sale of a ticket

junket means entering New Zealand for a limited period of time with the primary purpose of gambling in a casino where—

(a)the arrangements are made, at least in part, by a junket organiser; and
(b)all, or a substantial part, of the costs of transportation, food, and accommodation for the person entering New Zealand is paid by or on behalf of the holder of a casino licence

junket organiser means a person who organises a junket for financial gain

key person means,—

(a)in relation to a class 4 operator’s licence, a person who—
(i)is a trustee or other officer of a corporate society that is an applicant for, or holder of, a class 4 operator’s licence:
(ii)is the chief executive (or performs that function) of a corporate society that is an applicant for, or holder of, a class 4 operator’s licence:
(iii)exercises significant influence in the management of a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
(iv)is a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
(v)is the chief executive (or performs that function) of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
(vi)exercises significant influence in the management of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence; and
(b)in relation to a class 4 venue licence,—
(i)a venue manager:
(ii)venue personnel:
(iii)a venue operator:
(iv)a person who is a director, chief executive, or senior manager of a venue operator:

(iva)a person who has 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 and Supply of Alcohol Act 2012:

Aa member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or

Ba trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act:

(ivb)a person who has the ability, directly or indirectly, to exert a sig­nificant degree of influence over the management or operations of a venue operator, except for the following persons holding office, elected, or appointed under the Sale and Supply of Alcohol Act 2012:

Aa member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or

Ba trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act; and

(v)a person who services gambling equipment at a class 4 venue; and
(c)in relation to a licensed promoter’s licence, a person who—
(i)is a director of, or holds office in, a company that is an applicant for, or holder of, a licensed promoter’s licence:
(ii)is the chief executive (or performs that function) of a company that is the applicant for, or holder of, a licensed promoter’s li­cence:
(iii)exercises significant influence in relation to a natural person who
is the applicant for, or holder of, a licensed promoter’s licence

licensed promoter means a person who is granted a licence under section 201 to promote a class 3 gambling activity on behalf of a society

licensed promoter’s agreement means the agreement between a society and a licensed promoter referred to in section 188(3)

licensed promoter’s licence means a licence granted under section 201

local authority has the same meaning as in the Local Government Act 2002

Lotteries Commission means the New Zealand Lotteries Commission established under section 72 of the Gaming and Lotteries Act 1977 and continued in existence under section 236 of this Act

lottery

(a)means a scheme or device involving multiple participants for which—
(i)a person pays consideration to participate, directly or indirectly; and
(ii)prizes of money are distributed according to a draw that takes place after all participants have entered; and
(b)includes lotto, raffles, and sweepstakes

lottery prize fund account means the account referred to in section 252

management services provider, in relation to a corporate society that is an ap­plicant for, or a holder of, a class 4 operator’s licence, means a person who, under a contract or arrangement, provides to the corporate society ongoing services that—

(a)directly relate to the conduct of class 4 gambling; and
(b)are not solely confined to servicing gambling equipment at a class 4 venue; and
(c)would, in the absence of that contract or arrangement, be performed by the corporate society itself

minimum standards means minimum standards for the design, manufacture, and performance of gambling equipment prescribed by the Secretary under section 327

Minister means the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

money includes—

(a)money’s worth, whether or not convertible into money; and
(b)the right to money; and
(c)deferral or cancellation of some or all of an obligation to pay money

net proceeds has the meaning given by section 5A

New Zealand lottery

(a)means a form of gambling conducted by the Lotteries Commission under subpart 2 of Part 3 that is—
(i)a lottery; or
(ii)a prize competition; or
(iii)an instant game; or
(iv)a combination of any of those 3 things; and
(b)includes any other gambling activity specified by regulations made under section 368 as a New Zealand lottery; but
(c)does not include any other gambling activity excluded by regulations made under section 368 from being a New Zealand lottery

occupier

(a)means a person who is entitled to occupy a place; and
(b)includes—
(i)the owner of the place; and
(ii)a person who acts as if the person were the occupier of the place; and
(iii)a person who is involved in the care, management, or control of the place, whether or not the person is the physical occupier

operator’s licence means a class 3 operator’s licence, a class 4 operator’s licence, or a casino operator’s licence

organiser, in relation to a class 2 or class 3 gambling activity, means the natural person who conducts the activity

overseas gambling advertisement means a form of communication that—

(a)publicises or promotes gambling that is outside New Zealand or a gambling operator who is outside New Zealand; or
(b)is reasonably likely to induce persons to gamble outside New Zealand

owner means the person who is entitled to receive the rent for the place or who would be entitled to receive it if the place were let

place includes—

(a)a building, structure, or tent, whether fully or partly constructed; and
(b)a room in a building or structure; and
(c)a court or a mall; and
(d)land; and
(e)a vehicle, vessel, or aircraft; and
(f)a caravan or a trailer or other conveyance

prescribed fee means a fee prescribed by regulations made under section 370

previous gaming Acts means the Gaming and Lotteries Act 1977 and the Casino Control Act 1990

previous racing Acts means the Racing Act 2003 and the Racing Act 1971

private gambling means gambling by persons at a private residence in the following circumstances:

(a)all the stakes placed are distributed as reward to the winners; and
(b)the gambling is, primarily, a social event or entertainment; and
(c)no remuneration, commission, or reward is paid to, or received by, a person for conducting the gambling; and
(d)persons who do not live at the residence are not induced, formally or informally, to participate in the gambling by advertisement, notice, or other means; and
(e)if the gambling involves playing or staking against a person who has the role of “bank”, that role passes from one person to another by chance or by regular rotation among all persons, without charge or other conditions; and
(f)all participants have an equal chance of winning; and
(g)no person other than a participant has a chance of winning; and
(h)no one pays for admission, directly or indirectly; and
(i)there are no deductions of any kind from a participant’s stakes or winnings

prize competition means a scheme or competition—

(a)for which direct or indirect consideration is paid to participate; and
(b)that distributes prizes of money or in which participants seek to win money; and
(c)for which the result is determined partly by chance and partly by the performance by the participant of an activity of a kind that may be performed more readily by a participant possessing or exercising some knowledge or skill, whether or not it may also be performed successfully by chance

problem gambler means a person whose gambling causes harm or may cause harm

profits, in relation to New Zealand lotteries, means an amount calculated by subtracting from New Zealand lottery proceeds expenses incurred in producing those proceeds including, but not limited to,—

(a)the amounts of prize funds set in respect of New Zealand lotteries by any rules made under section 243; and
(b)all reasonable expenses incurred or expected to be incurred in conducting New Zealand lotteries; and
(c)all duties and taxes payable in respect of New Zealand lotteries; and
(d)the problem gambling levy payable in respect of New Zealand lotteries

property is defined in section 298(2) for the purpose of that section

publish means—

(a)insert or publish in a newspaper or other periodical published or distributed in New Zealand; or
(b)send to a person by any means; or
(c)deliver to a person or leave at a place owned or occupied by a person; or
(d)broadcast; or
(e)include in a film or video; or
(f)include on a disk for use with a computer; or
(g)convey by electronic medium; or
(h)distribute by any means; or
(i)display by way of a sign, notice, poster, or other means; or
(j)store electronically in a way that it is accessible to the public; or
(k)bring to the notice of the public in New Zealand in any other manner

racing club has the same meaning as in section 5(1) of the Racing Industry Act 2020

racing code has the same meaning as in section 5(1) of the Racing Industry Act 2020

registered bank has the meaning given by section 2(1) of the Reserve Bank of New Zealand Act 1989

relevant offence means—

(a)a crime involving dishonesty; or
(b)an offence considered by the Secretary or the Gambling Commission (as the case may be) to be relevant; or
(c)an offence against this Act, the previous gaming Acts, the Racing Industry Act 2020 or the previous racing Acts; or
(d)an offence against a regulation made under the previous gaming Acts, the Racing Industry Act 2020 or the previous racing Acts

remote interactive gambling

(a)includes—
(i)gambling by a person at a distance by interaction through a communication device; or
(ii)the conduct of gambling described in subparagraph (i) by a person; but
(b)does not include—
(i)gambling conducted by the Lotteries Commission; or
(ii)gambling authorised under the Racing Industry Act 2020; or
(iii)gambling by a person in New Zealand conducted by a gambling operator located outside New Zealand; or
(iv)a sales promotion scheme that is in the form of a lottery and is conducted in New Zealand

responsible gambling means lawful participation in gambling—

(a)that is lawful, fair, and honest; and
(b)conducted—
(i)in a safe and secure environment; and
(ii)without pressure or devices that encourage or may encourage gambling at levels that cause or may cause harm; and
(c)by informed participants who understand the nature of the activity and do not participate in ways that cause or may cause harm; and
(d)conducted in a manner that is consistent with the general law of New Zealand, including being consistent with the maintenance of law and order

responsible Ministers means the Minister responsible for the department developing and implementing the integrated problem gambling strategy and the Minister responsible for this Act

sales promotion scheme means gambling that does not involve a gaming machine nor a prize restricted or prohibited under section 17, used by a creator, distributor, or vendor of goods or services to promote the sale of those goods or services if—

(a)participation in the gambling requires a person to purchase the goods or services promoted for a price not exceeding the usual retail price; and
(b)the date or period on or over which the outcome of the gambling will be determined is clear to the participant at the time and place of sale; and
(c)the person is not required to pay direct or indirect consideration other than to purchase the goods or services promoted (except the cost, at the standard rate, incurred in submitting an entry into the promotion, for example, the cost of postage at the standard rate or sending a telecommunication by mobile telephone at the standard rate); and
(d)the outcome is determined—
(i)randomly or wholly by chance; or
(ii)partly by chance (whether chance plays the greater or lesser part) and partly by the application of some knowledge or skill

Secretary means the Secretary for Internal Affairs

site approval means that part of an existing gaming machine licence that approves a place for gambling with gaming machines

society means an association of persons established and conducted entirely for purposes other than commercial purposes

standard form means a form issued by the Secretary under section 366

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 a consent granted by a territorial authority under section 100

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

ticket means a document or thing that is evidence of, or signifies participation in, gambling or, if there is no document or thing, includes the right to participate

turnover means the aggregate stakes in a gambling activity

venue licence means a class 4 venue licence or a casino venue licence

venue manager means 1 natural person responsible for supervising the gambling and venue personnel at a class 4 venue and for banking the proceeds of class 4 gambling

venue operator means the occupier of a class 4 venue for which the licence application was required under section 65(3) to be accompanied by a class 4 venue agreement where the occupier owns the primary business at the venue

venue personnel means a person who works at a class 4 venue or a casino and whose work involves dealing with gambling equipment, gamblers, or the proceeds of gambling.

(2)[Repealed]

(1A)For the purposes of the definition of sales promotion scheme, the reference to standard rate means a rate that—

(a)is determined solely by a telecommunications provider or other service provider who is not associated with the sales promotion scheme; and
(b)relates solely to the communication cost incurred in submitting an entry into the promotion and does not reflect cost incurred in participating in the promotion.

(1B)In this Act, a reference to possibility, in relation to problem gambling or underage gambling, is a reference to risk, and vice versa.

(3)References to this Act include regulations made or continued under this Act.

Section 4(1) allocate: inserted, on 3 March 2015, by section 5(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) allocation: repealed, on 3 March 2015, by section 5(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) apply: inserted, on 3 March 2015, by section 5(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) approved evidence of age document: inserted, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 4(1) class 4 venue: amended, on 3 March 2015, by section 5(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) distribute: inserted, on 3 March 2015, by section 5(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) EFTPOS device: inserted, on 3 March 2015, by section 5(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) gambling assets: inserted, on 3 March 2015, by section 5(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) gaming machine paragraph (a): replaced, on 3 March 2015, by section 5(4) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) gaming machine paragraph (d)(iiia): inserted, on 3 March 2015, by section 5(5) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) game rules: amended, on 15 December 2005, by section 3(1) of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 4(1) harm paragraph (b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 4(1) housie paragraph (a): amended, on 15 December 2005, by section 3(2) of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 4(1) illegal gambling: replaced, on 3 March 2015, by section 5(6) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) infringement offence paragraph (b): replaced, on 3 March 2015, by section 5(7) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) instant game: replaced, on 3 March 2015, by section 5(8) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) key person paragraph (b)(iv): substituted, on 21 April 2005, by section 3 of the Gambling Amendment Act 2005 (2005 No 35).

Section 4(1) key person paragraph (b)(iva): replaced, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 4(1) key person paragraph (b)(v): amended, on 3 March 2015, by section 5(9) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) net proceeds: replaced, on 3 March 2015, by section 5(10) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) New Zealand lottery paragraph (a): amended, on 3 March 2015, by section 5(11) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) relevant offence paragraph (b): replaced, on 3 March 2015, by section 5(12) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) remote interactive gambling paragraph (a): replaced, on 3 March 2015, by section 5(13) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) remote interactive gambling paragraph (b)(i): amended, on 3 March 2015, by section 5(14) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) responsible gambling: replaced, on 3 March 2015, by section 5(15) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) sales promotion scheme: amended, on 3 March 2015, by section 5(16) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) sales promotion scheme paragraph (c): replaced, on 3 March 2015, by section 5(17) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(1) venue operator: replaced, on 3 March 2015, by section 5(18) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(2): repealed, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 4(2A): inserted, on 3 March 2015, by section 5(19) of the Gambling Amendment Act 2015 (2015 No 3).

Section 4(2B): inserted, on 3 March 2015, by section 5(19) of the Gambling Amendment Act 2015 (2015 No 3).

 

4A A Modification of definition of remote interactive gambling during specified period due to effects of COVID-19

4A       A Modification of definition of remote interactive gambling during specified period due to effects of COVID-19

 

(1)The purpose of this section is to enable any gambling operator that holds a class 3 operator’s licence that allows them to conduct a lottery to conduct that form of class 3 gambling by remote interactive gambling for a specified period due to the effects of COVID-19 on their ability to fund-raise.

 

(2)This section applies during the period—

 

(a)beginning on the day on which this section comes into force; and
(b)ending on the close of 31 October 2024.

 

(3)While this section applies, paragraph (b) of the definition of remote interactive gambling in section 4(1) must be read as if “; or” and the following subparagraph were inserted after subparagraph (iv): “(v) class 3 gambling in the form of a lottery conducted by any gambling operator that holds a class 3 operator’s licence that allows them to conduct a lottery.”

 

(4)This section is repealed on the close of 31 October 2024.

 

(5)The repeal of this section does not otherwise affect the previous operation of the definition of remote interactive gambling (as amended by this section) or anything done under it.

5 Extended meaning of conduct

5Extended meaning of conduct

In this Act, conduct, in relation to gambling, includes any of the following activities:

(a)organising, using, managing, supervising, and operating (but not playing) gambling or gambling equipment:
(b)distributing the turnover of gambling (for example, by paying prizes, meeting costs, or making grants):
(c)selling tickets to participate in gambling:
(d)promoting gambling:
(e)assisting in activities described in paragraphs (a) to (d).

Section 5: replaced, on 3 March 2015, by section 6 of the Gambling Amendment Act 2015 (2015 No 3).

5A Meaning of net proceeds

5AMeaning of net proceeds
(1)In this Act, net proceeds, in relation to any gambling, means—
(a)the sum of the amounts described in subsection (2); less
(b)the sum of the amounts described in subsection (3).
(2)The amounts referred to in subsection (1)(a) are—
(a)the turnover of the gambling concerned (less prizes):
(b)any interest or other investment return on that turnover:
(c)any gain from selling or disposing of a gambling asset at a price or value above the gambling asset's book value at the time of the sale or disposal.
(3)The amounts referred to in subsection (1)(b) are—
(a)the actual, reasonable, and necessary costs, levies, and taxes incurred in conducting the gambling; and
(b)the actual, reasonable, and necessary costs incurred in complying with any of the following in relation to the gambling:
(i)this Act or any other relevant enactment:
(ii)an operator's licence:
(iii)a venue licence; and
(c)the amount by which any gambling asset is depreciated in each year in accordance with generally accepted accounting practice (as defined in section 108) and, where applicable, the depreciation rates set under sec­tion 116; and
(d)any loss from selling or disposing of a gambling asset at a price or value below the gambling asset's book value at the time of the sale or disposal; and
(e)any payments made in compliance with regulations made under section 371(1)(dd).

Section 5A: inserted, on 21 October 2015, by section 5 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

 

6 Multi-terminal and multi-player gaming machines

6Multi-terminal and multi-player gaming machines

In this Act, each terminal or player station of a mufti-terminal or mufti-player gaming machine must be treated as 1 gaming machine.

 

7 Meaning of significant influence in casino

7Meaning of significant influence in casino
(1)A person has a significant influence in a casino if the person—
(a)is or will be a director of the holder of, or applicant for, or proposed transferee or alienee of, a casino licence for the casino; or
(b)is or will be employed or engaged by the holder of, or applicant for, or proposed transferee or alienee of, a casino licence for the casino as the chief executive or a senior manager of the casino; or
(c)owns or will own shares, directly or indirectly, in the holder of, or applicant for, or proposed transferee or alienee of, a casino licence for the casino that confer control of 20% or more of the voting rights of share holders of any class in the holder, applicant, or proposed transferee or alienee.

 

(2)A significant influence in a casino includes any influence that the Secretary or the Gambling Commission (as the case may be) considers to be a significant interest in the management, ownership, or operation of a casino, however acquired or to be acquired.

 

(3)Subsection (1) does not limit what the Secretary or the Gambling Commission, as the case may be, considers to be a significant influence under subsection (2).

 

(4)In subsection (1)(a), the term director includes a person described in section 126(1) of the Companies Act 1993.

 

8 Secretary may seek information to assess influence

8Secretary may seek information to assess influence
(1)If the Secretary believes, on reasonable grounds, that a particular person may have a significant influence in a casino, the Secretary may advise that person and the holder of, or applicant for, or proposed transferee or alienee of, the relevant casino licence of that belief.

 

(2)The person believed to have a significant influence in a casino or other person to whom the Secretary has given advice may provide the Secretary with information and submissions about that belief within 1 month of receiving advice of that belief.

 

(3)The Secretary may then determine whether or not the person has a significant influence in a casino, having regard to submissions and information provided under subsection (2).

 

(4)A determination under subsection (3) that a person has a significant influence in a casino from a particular date does not prevent the Secretary deciding that a person had a significant influence before that date.

 

8AA Transitional, savings, and related provisions

8AATransitional, savings, and related provisions

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

Section 8AA: inserted, on 21 October 2015, by section 6 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

8A Act binds the Crown

8AAct binds the Crown

This Act binds the Crown.

Section 8A: inserted, on 3 March 2015, by section 7 of the Gambling Amendment Act 2015 (2015 No 3).