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Part 3 - Institutions - Subpart 3 - New Zealand Lottery Grants Board

272 New Zealand Lottery Grants Board

Subpart 3—New Zealand Lottery Grants Board

 

New Zealand Lottery Grants Board

 

272New Zealand Lottery Grants Board
(1)The New Zealand Lottery Grants Board established by section 116A of the Gaming and Lotteries Act 1977 is continued in existence.

 

(2)The Board consists of—
(a)the Minister, who is the presiding member of the Board:
(b)the Prime Minister:
(c)the member of the House of Representatives who is for the time being the Leader of the Opposition:
(d)3 persons appointed by the Governor-General having regard to the appointees' knowledge, skills, and experience relating to the functions and powers of the Board.

 

273 Members and procedure

273Members and procedure

Part 1 of Schedule 5 applies in relation to the Board's members and procedure.

 

274 Function of Board

274Function of Board

The general function of the Board is to determine the proportions in which the profits of New Zealand lotteries are allocated for distribution in accordance with this subpart.

 

275 Powers of Board

275Powers of Board

In addition to the powers specifically provided in this Act, the Board has all the powers that are necessary or expedient to enable it to perform its functions.

 

276 Amounts available for allocation by Board

276Amounts available for allocation by Board
(1)The Board may from time to time require the Secretary for Internal Affairs to prepare and forward to the Board a statement showing—
(a)the amount of profits arising from New Zealand lotteries and in hand at the date of the statement:
(b)an estimate of the amount of profits arising from New Zealand lotteries expected to be derived during the period specified by the Board:
(c)an estimate of the costs of administration payable under this subpart during that period.

 

(2)The Board, after considering the statement, must—
(a)determine the amount that will be allocated to each distribution committee, or to the Minister, during the period to which the determination relates; and
(b)notify each distribution committee of the amount allocated to it for that period.

 

(3)A copy of every notification made under this section must be forwarded by the Secretary of the Board to the Secretary for Internal Affairs.

 

(4)A determination of the Board under this section may, by subsequent resolution, be varied or revoked and the Board must notify each distribution committee concerned of the subsequent resolution.

 

277 Purposes for which profits may be distributed

277Purposes for which profits may be distributed
(1)Except as otherwise expressly provided in this subpart, the profits of New Zealand lotteries must be distributed, in accordance with the determinations of the distribution committees or the Minister, for community purposes only and for no other purpose.

 

(2)For the purposes of this section, a distribution is for community purposes if it would contribute to the building of strong sustainable communities by encouraging or enabling—
(a)community self-reliance, capacity building, and stability; or
(b)opportunities for social, recreational, civil, or cultural participation and reducing or overcoming barriers to such participation; or
(c)community and environmental health; or
(d)development and preservation of New Zealand's arts, culture, heritage, and national identity; or
(e)sports and recreation.

 

(3)A distribution for community purposes must be for a purpose that involves a community benefit of a public nature. A distribution will not be treated as being for community purposes if it involves private pecuniary profit or gain for an individual or body, except to the extent that the profit or gain arises as a mere incident of the principal purpose or purposes of the distribution.

 

(4)In considering the matters specified in subsection (2), a distribution committee or the Minister must have regard to the needs of Maori.

 

(5)In considering those matters, a distribution committee or the Minister must, as appropriate, also have regard to the needs of older people, Pacific people and other ethnic communities, women, youth, and people with disabilities.

 

(6)Despite anything in this section, if the Minister instructs the Lotteries Commission to promote and conduct a New Zealand lottery for a particular purpose under section 245, the profits of the lottery must be expended for that purpose.

 

(7)Profits of New Zealand lotteries distributed in accordance with subsection (1) or expended in accordance with subsection (2) are not subject to [section 165 of the Crown Entities Act 2004].

 

278 Distributions by Minister

278Distributions by Minister
(1)The Board may allocate from profits of New Zealand lotteries a specified sum of money for distribution by the Minister in response to applications referred to the Minister under section 282(2)

 

(2)The Minister may distribute any such sum accordingly, on a qualifying application referred to the Minister under section 282(2) for the purposes set out in section 277.

 

279 Allocation of profits to certain statutory bodies

279Allocation of profits to certain statutory bodies
(1)The Board may allocate from the profits of New Zealand lotteries a specified sum of money for expenditure, in accordance with the terms of their statutes, by any of the following bodies:
(a)the Arts Council of New Zealand Toi Aotearoa constituted under the Arts Council of New Zealand Toi Aotearoa Act 2014:
(b)the New Zealand Film Commission established under the New Zealand Film Commission Act 1978:
(c)Sport and Recreation New Zealand, as established under the Sport and Recreation New Zealand Act 2002.

 

(2)Where a sum is allocated to any of these bodies,—
(a)the Board must notify the Secretary and that body accordingly; and
(b)on receipt of the notification, the Secretary must cause the amount allocated to be paid to the body concerned at the intervals that the Board determines.

 

280 Distribution committees

Distribution committees

 

280Distribution committees
(1)For the purposes of this subpart, the Minister may, by notice in the Gazette, establish such number of distribution committees as he or she thinks fit.

 

(2)A distribution committee consists of the number of persons that the Minister thinks fit, being not less than 3 nor more than 5 persons.

 

(3)The members of each distribution committee are to be appointed by the Minister having regard to the appointees' knowledge, skills, and experience relating to the functions and powers of the distribution committee.

 

(4)The Minister must appoint a member of each committee to be the presiding member.

 

(5)The Minister may vary the purposes in respect of which any distribution committee has been established, and may disestablish any distribution committee.

 

(6)Part 2 of Schedule 5 applies in relation to the members and proceedings of distribution committees.

[

(7)A notice given under subsection (1) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.]

 

281 Functions of distribution committees

281Functions of distribution committees
(1)The functions of each distribution committee are—
(a)to approve for distribution in accordance with this subpart those undistributed profits of New Zealand lotteries that are available to it for distribution:
(b)to exercise any other functions that may be conferred on it by this subpart or by regulations made under this Act.

 

(2)In the exercise of its functions and powers, a distribution committee must—
(a)comply with the policy of the Board with respect to the distribution of profits of New Zealand lotteries; and
(b)comply with any directions of the Board in respect of that policy.

 

282 Applications for assistance

Applications for grants

 

282Applications for assistance
(1)Every application for assistance from profits of lotteries must be addressed to the Secretary, who must refer each application that comes within the purposes specified in section 277 to the appropriate distribution committee.

 

(2)If there is no appropriate distribution committee, a qualifying application must be referred to the Minister.

 

(3)On receipt of an application, a distribution committee (or the Minister) must, after having regard to the amount available for distribution and all relevant matters,—
(a)determine whether or not the application should be granted; and
(b)if so, determine the amount that should be granted; and
(c)notify the Secretary of those determinations.

 

(4)A grant by a distribution committee or the Minister may be subject to the terms and conditions, not inconsistent with this Act, that the committee or the Minister thinks fit.

 

(5)The distribution committee, or the Minister, may vary or cancel any terms or conditions attached to the grant or add new conditions to the grant.

 

283 Payments of grants

283Payments of grants

On receipt of any determination of a distribution committee or the Minister under section 282 approving a grant, the Secretary must—

(a)cause the amount of the grant to be paid in accordance with the terms of the approval; and
(b)notify the person to whom the grant is made of any terms or conditions attached to the grant, including any terms and conditions subsequently added to the grant under section 282(5).

 

284 Subsidies and loans

284Subsidies and loans
(1)Subject to any general directions of the Board or any specific restrictions imposed by it, a distribution committee may, in addition to approving grants under section 282, approve—
(a)the payment of subsidies; or
(b)the making of loans, with or without security and at the rates of interest or free of interest that the committee determines, to—
(i)local authorities within the meaning of the Local Government Act 2002 (subject to the provisions of that Act as to loans); or
(ii)organisations of a kind approved for the time being by the Board; or
(c)the variation, cancellation, or discharge of any subsidy or loan previously approved under this subsection, or the increase of the amount of any such subsidy or loan.

 

(2)On being notified of an approval under subsection (1), the Secretary must, in accordance with the terms of the approval,—
(a)pay any subsidy referred to in the approval:
(b)make any loan referred to in the approval:
(c)do any other thing necessary to give effect to the approval.

 

(3)An approval given under this section may be made subject to any terms and conditions that the distribution committee thinks fit.

 

(4)For the purposes of this section, a distribution committee may—
(a)establish any endowment or create any trust upon any terms and conditions, and having the objects, that the committee thinks fit; and
(b)appoint trustees for the purpose.

 

(5)All amounts of interest paid in respect of loans made under this section, and money received in repayment of the loans, are deemed to be profits arising from New Zealand lotteries, and must be dealt with accordingly.

 

285 Secretary is corporation sole for certain purposes

285Secretary is corporation sole for certain purposes
(1)For the purposes of section 284(2), the Secretary, where acting on behalf of a distribution committee, is incorporated as a corporation sole with perpetual succession and a seal of office.

 

(2)The corporation is capable of suing and being sued and, for the purposes of section 284(2), may acquire, hold, and dispose of real and personal property and do and suffer all acts and things that a body corporate may do and suffer.

 

(3)The seal of the corporation may not be affixed to any instrument or document except in the presence of the Secretary, or an officer of the Department for the time being authorised by the Secretary for the purpose of this section, who must attest by his or her signature the fact and date of the affixing of the seal.

 

(4)All courts and persons acting judicially must—
(a)take judicial notice of the seal of the corporation that has been affixed to any instrument or document; and
(b)until the contrary is proved, presume that the seal was properly affixed.

 

286 Bank accounts

Financial provisions relating to Board and distribution committees

 

286Bank accounts
(1)For the purposes of this subpart and subpart 2, the Secretary may open at any bank 1 or more accounts under the names that the Secretary thinks fit.

 

(2)The accounts may be operated … by any 2 officers of the Department who are authorised by the Secretary for the purpose.

[

(3)Cash may not be withdrawn from an account referred to in subsections (1) and (2).]

 

287 Investment of money

287Investment of money
(1)Subject to any directions of the Board, the Secretary may invest any profits of New Zealand lotteries in accordance with the provisions of the Trustee Act 1956 as to the investment of trust funds, pending their distribution under section 277.

 

(2)Any amounts of interest arising from the investments, and the proceeds of any realisation of the investments, are deemed to be profits arising from New Zealand lotteries and must be dealt with accordingly.

 

288 Loans to Lotteries Commission

288Loans to Lotteries Commission
(1)Despite section 287, the Board may authorise the Secretary to advance any profits of New Zealand lotteries, pending their distribution under section 277, to the Lotteries Commission to enable the Commission to perform and exercise its functions and powers under subpart 2.

 

(2)Any such advance may be made by the Secretary, with or without security, at rates of interest determined by the Board.

 

(3)The Board may guarantee, with or without security, advances made to the Lotteries Commission by any other person under section 260.

 

(4)Any money required to be paid by the Secretary by virtue of a guarantee given by the Board under subsection (3) is to be paid by the Secretary out of the undistributed profits of New Zealand lotteries.

 

289 Miscellaneous expenditure

289Miscellaneous expenditure

There may be paid out of the undistributed profits of New Zealand lotteries the amounts that the Minister approves—

(a)for any purposes in connection with the management, investment, and distribution of profits of New Zealand lotteries:
(b)for any research or investigation relating to New Zealand lotteries and other gambling activities:
(c)for the dissemination of information relating to the distribution of profits of New Zealand lotteries:
(d)for the administration of this subpart and subpart 2.

 

290 Accounts of profits and audit

290Accounts of profits and audit
(1)The Secretary must keep full and true accounts with respect to—
(a)the profits of New Zealand lotteries generally; and
(b)the profits of every special purpose lottery conducted under section 245.

 

(2)As soon as practicable after the end of each financial year, the Secretary must cause to be prepared and submitted to the Auditor-General full and true accounts with respect to the profits of New Zealand lotteries and every special lottery for that year.

 

(3)The accounts must be presented in accordance with generally accepted accounting practice as if they were for an entity.

 

(4)The accounts must be audited by the Auditor-General, who, for that purpose, has and may exercise all his or her powers under the Public Audit Act 2001.

 

(5)After the audit, the Secretary must forward a copy of the accounts to the Board.

 

291 Crown entity

291Crown entity

The Board is, for the purposes of subpart 2 of Part 5 of the Public Finance Act 1989, an organisation named or described in Schedule 4 of that Act.

 

Compare: 1977 No 84 s 116YA

Section 291: amended, on 3 March 2015, by section 93 of the Gambling Amendment Act 2015 (2015 No 3).

Section 291: amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

 

292 Appointment of officers

Miscellaneous provisions

 

292Appointment of officers
(1)There may be appointed under the State Sector Act 1988 a secretary of the Board, and any other employees that may be required to assist the Minister, the Board, the distribution committees, and the Secretary for Internal Affairs for the purposes of this subpart and subpart 2.

 

(2)Any such position may be held separately or in conjunction with any other office in the State services.

 

293 Remuneration of members of Board and distribution committees

293Remuneration of members of Board and distribution committees
(1)If the Minister so directs, there may be paid out of the undistributed profits of New Zealand lotteries to any appointed member of the Board, and to any member of a distribution committee or subcommittee, any remuneration by way of fees or allowances that may be approved by the Minister.

 

(2)The Board and each distribution committee and subcommittee are statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951, and travelling allowances or expenses in accordance with the provisions of that Act are to be paid out of the undistributed profits of New Zealand lotteries to members of the Board and members of the committees and subcommittees accordingly.

 

294 Protection of members, distribution committees, and employees

294Protection of members, distribution committees, and employees
(1)A member of the Board or of a distribution committee or subcommittee, or an employee of the Secretary, is not liable for any act or omission of the Board or distribution committee or subcommittee by reason only of being such a member or employee.

 

(2)Such a member or employee is not liable to any person (other than the Board) for any act or omission by him or her, in the performance or intended performance of the Board's or distribution committee's or subcommittee's functions, unless done in bad faith.

 

(3)The Board is liable for any act or omission for which, but for this section, a board member, committee or subcommittee member, or employee would have been liable to a person.

 

(4)The Board may indemnify a board member, committee or subcommittee member, or employee for costs incurred by him or her in a proceeding—
(a)that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Board's or committee's or subcommittee's functions; and
(b)in which judgment is given in his or her favour, in which he or she is acquitted, or that is discontinued.

 

(5)The Board may effect insurance for a board member, committee or subcommittee member, or employee in relation to—
(a)liability (other than criminal liability) for any act or omission in the performance or intended performance of the Board's, committee's, or subcommittee's functions; and
(b)costs incurred in any proceeding relating to that liability or in any criminal proceedings.

 

(6)In this section,—
(a)references to members and employees include references to former members of the Board or of a distribution committee or subcommittee and to former employees of the Secretary:
(b)effect insurance includes pay, whether directly or indirectly, the costs of the insurance:
(c)indemnify includes relieve or excuse from liability whether before or after the liability arises.

 

295 Annual report

295Annual report
(1)As soon as practicable after the end of each financial year, the Board must deliver to the Minister a report on its operations and the operations of each distribution committee during that financial year.

 

(2)The Minister must present a copy of the report to the House of Representatives in accordance with [section 150(3) of the Crown Entities Act 2004].

 

296 Transitional provision

Transitional provision

 

296Transitional provision

Despite sections 277, 278, 376, and 377, any application for assistance made under section 116Q of the Gaming and Lotteries Act 1977 before the commencement of this section may be determined by a distribution committee or by the Minister as if this Act had not been passed.