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Part 3 - Institutions - Subpart 1 - Gambling Commission

220 Establishment of Gambling Commission

Part 3

Institutions

 

Subpart 1—Gambling Commission

 

220Establishment of Gambling Commission

A Gambling Commission is established.

 

221 Membership

221Membership
(1)The Governor-General may, on the recommendation of the Minister, appoint up to 5 Gambling Commissioners.

 

(2)The Governor-General may, on the recommendation of the Minister, appoint 1 Gambling Commissioner as the Chief Gambling Commissioner.

 

(3)A Gambling Commissioner is appointed for a term of up to 3 years as specified in the instrument of appointment.

 

(4)A Gambling Commissioner may be reappointed.

 

(5)A person appointed as a Gambling Commissioner may hold that office concurrently with other appointments.

 

(6)No function or decision of the Gambling Commission is invalidated because—
(a)a Gambling Commissioner did not meet the requirements of section 222; or
(b)there was a defect in the appointment or reappointment of a Gambling Commissioner; or
(c)there is a vacancy in the membership of the Gambling Commission.

 

(7)Unless the Gambling Commissioner sooner vacates office under section 223, a Gambling Commissioner continues in office until a successor is appointed, despite the expiry of the Gambling Commissioner's term of office.

 

(8)A Gambling Commissioner is not employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 or the State services for the purposes of the State Sector Act 1988 only because the person is a Gambling Commissioner.

 

222 Appointment criteria

222Appointment criteria
(1)All Gambling Commissioners must have, in the opinion of the Minister, the knowledge, skills, and experience to enable them to assist in undertaking the functions, powers, and responsibilities of the Gambling Commission.

 

(2)Additionally, the Chief Gambling Commissioner must be, or have been, a barrister and solicitor of the High Court of New Zealand with at least 7 years' legal experience [that meets the requirements of rules made, under the Lawyers and Conveyancers Act 2006, for the purposes of section 30 of that Act].

 

(3)A proposed Gambling Commissioner must disclose to the Minister, before appointment,—
(a)any interest (direct or indirect) or other appointment that affects, or may affect, the discharge of the Gambling Commission's functions; and
(b)the proposed appointee's financial position; and
(c)whether or not the proposed appointee has been convicted of an offence in New Zealand or overseas.

 

(4)A Gambling Commissioner must disclose to the Minister any interest, other appointment or conviction referred to in subsection (3) that arises during the term of the Commissioner's appointment.

 

223 Termination of appointment of Gambling Commissioner

223Termination of appointment of Gambling Commissioner
(1)The appointment of a Gambling Commissioner (including the Chief Gambling Commissioner) may be terminated by the Governor-General on the recommendation of the Minister for any reason justifying removal, including—
(a)the inability or incapacity to perform; or
(b)neglect; or
(c)misconduct; or
(d)bankruptcy; or
(e)the non-disclosure of information under section 222; or
(f)an interest, other appointment or conviction disclosed under section 222(4).

 

(2)Before recommending termination, the Minister must give the Gambling Commissioner the reasons for the proposed termination and a reasonable opportunity to be heard and to make submissions.

 

(3)The Minister must advise the Gambling Commissioner and give him or her reasons in writing for the termination.

 

(4)A Gambling Commissioner may resign by writing to the Minister.

 

(5)No compensation is payable to a Gambling Commissioner for termination of appointment or for loss of office.

 

224 Functions of Gambling Commission

224Functions of Gambling Commission
(1)The Gambling Commission's functions are to—
(a)consider and decide whether to grant applications for casino operator's licences:
(b)consider and decide whether to grant applications for the renewal of casino venue licences:
(c)consider and decide applications by the Secretary for orders to suspend or cancel a casino licence:
(d)consider and decide whether to approve—
(i)a mortgage, charge, or encumbrance of a casino licence; and
(ii)the proposed transferee or alienee (and persons with a significant influence) of a casino licence resulting from the enforcement of a mortgage, charge, or encumbrance over a casino licence:
(e)consider and decide whether to grant applications for the approval of—
(i)casino venue agreements; and
(ii)amendments to casino venue agreements:
(f)specify the conditions for inclusion in casino licences or vary or revoke the conditions of casino licences:
(g)consider and decide appeals against decisions of the Secretary to specify, vary, or revoke, or to refuse to specify, vary, or revoke, the minimum operating standards included in a casino licence:
(h)consider and decide appeals on—
(i)unsuccessful applications for a licensed promoter's licence; and
(ii)a decision by the Secretary to cancel, suspend, or refuse to renew a licensed promoter's licence; and
(iii)a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a licensed promoter's licence:
(i)consider and decide appeals on—
(i)unsuccessful applications for a class 3 operator's licence, class 4 operator's licence, or class 4 venue licence; and
(ii)a decision by the Secretary to cancel or suspend or refuse to renew or amend a class 3 operator's licence, class 4 operator's licence, or class 4 venue licence; and
(iii)a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a class 3 operator's licence, class 4 operator's licence, or class 4 venue licence:
(j)consider and decide appeals on—
(i)a decision by the Secretary not to grant a certificate of approval; and
(ii)a decision by the Secretary to suspend or cancel a certificate of approval:
(k)consider and decide appeals under section 150:
(l)consider and decide applications for temporary authority to operate a casino under section 187:
(m)deal with matters under section 156:
(n)consider and deal with complaints under section 81:
(o)facilitate a meeting and advise the responsible Ministers on the proposed problem gambling levy in accordance with the process established under sections 317 to 325:
(p)advise the Minister on matters relating to the performance of its functions or the administration of this Act, either at the Minister's request or on its own initiative:
(q)exercise any other functions that are given to the Gambling Commission by this Act or by another enactment.

 

(2)The Gambling Commission must make decisions independently of the Minister and the Secretary.

 

225 Gambling Commission is Commission of Inquiry

225Gambling Commission is Commission of Inquiry
(1)Within the scope of its jurisdiction, and subject to this Act, the Gambling Commission (including any division) must be treated as if it were a Commission of Inquiry under the Commissions of Inquiry Act 1908.

 

(2)Accordingly, the Commissions of Inquiry Act 1908 applies to the Gambling Commission.

 

(3)The Gambling Commission has no power to—-
(a)acquire, hold, or alienate property; or
(b)employ people.

 

(4)Powers conferred on the Gambling Commission by this subpart are additional to powers conferred on the Gambling Commission by the application of the Commissions of Inquiry Act 1908.

 

225A Protection of Gambling Commission and Department

225A     Protection of Gambling Commission and Department

(1)The Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 is not liable—
(a)for any act or omission by reason only of being the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing those services; or
(b)for any act or omission by him or her, in the performance or intended performance of the Gambling Commission’s functions, unless done in bad faith.

 

(2)The Secretary may indemnify the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 for costs incurred by him or her in a proceeding that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Gambling Commission’s functions.

 

(3)The Secretary may effect insurance for the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 in relation to—
(a)liability (other than criminal liability) for any act or omission in the performance or intended performance of the Gambling Commission’s functions; and
(b)costs incurred in any proceeding relating to that liability or in any criminal proceedings.

 

(4)In this section,—
(a)references to the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission include references to a former Chief Gambling Commissioner, a former Gambling Commissioner, and a person who formerly provided services to the Gambling Commission under section 228:
(b)effect insurance and indemnify have the same meanings as in section 294.

 

Section 225A: inserted, on 3 March 2015, by section 88 of the Gambling Amendment Act 2015 (2015 No 3).

 

226 Gambling Commission may engage experts and receive wide evidence

226Gambling Commission may engage experts and receive wide evidence
(1)The Gambling Commission may appoint experts to assist the Gambling Commission to exercise its functions or powers, or to do any of the things specified in subsection (2).

 

(2)A person appointed as an expert—
(a)may be required to make inquiries, conduct research, facilitate consultation, or provide reports on matters before the Gambling Commission; and
(b)is entitled to be paid fees by the Gambling Commission at rates that the Gambling Commission thinks fit; and
(c)may be separately reimbursed for expenses reasonably incurred in performing the services.

 

(3)The Gambling Commission may—
(a)reconsider any matter that has been determined by it and issue a fresh determination; and
(b)receive evidence that is not admissible in a court.

 

227 Gambling Commission may sit in divisions

227Gambling Commission may sit in divisions
(1)The Gambling Commission may, as it thinks fit, sit as a division to carry out any of its functions under section 224.

 

(2)If the Gambling Commission decides to sit as a division, the division must consist of up to 3 members, including the Chief Gambling Commissioner or a Gambling Commissioner acting on behalf of the Chief Gambling Commissioner.

 

(3)The Chief Gambling Commissioner decides who will sit in a division.

 

(4)[Repealed]

 

(5)[Repealed]

 

(6)[Repealed]

 

Section 227 heading: amended, on 3 March 2015, by section 89(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 227(1): replaced, on 3 March 2015, by section 89(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 227(2): replaced, on 3 March 2015, by section 89(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 227(4): repealed, on 3 March 2015, by section 89(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 227(5): repealed, on 3 March 2015, by section 89(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 227(6): repealed, on 3 March 2015, by section 89(3) of the Gambling Amendment Act 2015 (2015 No 3).

 

228 Department must service Gambling Commission

228Department must service Gambling Commission
(1)The Secretary must arrange the administrative services necessary for the Gambling Commission to perform its functions.

 

(2)The Secretary must ensure that staff allocated to perform administrative services for the Gambling Commission are separated, physically and operationally, from other staff responsible for policy, licensing, and compliance concerning gambling.

 

(3)If the Gambling Commission requires a service from the Secretary that is not prescribed by this Act, the Chief Gambling Commissioner must report the requirement to the Minister.

 

(4)After consultation with the Secretary, the Minister may agree to the Secretary providing the services required by the Gambling Commission.

 

(5)The Secretary must report annually on the Department's servicing of the Gambling Commission in the Department's annual report.

 

(6)Information held by the Gambling Commission is to be treated as information of the Department.

 

229 Gambling Commission must provide annual report to Minister

229Gambling Commission must provide annual report to Minister
(1)The Gambling Commission must, as soon as practicable after 30 June each year, provide to the Minister an annual report of its operations during the 12 months preceding 30 June of that year.

 

(2)The Minister must, within 12 sitting days of receiving the annual report, present a copy of it to the House of Representatives.

 

230 Remuneration of Gambling Commissioners

230Remuneration of Gambling Commissioners
(1)The amount of a Gambling Commissioner's remuneration must be determined by the Minister in accordance with the fees framework for statutory and other bodies.

 

(2)A Gambling Commissioner's remuneration must be paid by the Department.

 

(3)A Gambling Commissioner is entitled to be reimbursed by the Department for actual and reasonable expenses incurred in performing the Gambling Commission's functions.

 

231 Disclosure of interests

231Disclosure of interests
(1)A Gambling Commissioner must disclose to the Gambling Commission any conflict or potential conflict of interest (direct or indirect) that affects, or may affect, the proper and impartial discharge of any of the Commissioner's functions.

 

(2)A disclosure under this clause must be recorded in the Gambling Commission's minutes and, unless the Gambling Commission resolves otherwise, the Commissioner—
(a)must not take part, after the disclosure, in any deliberation or decision of the Gambling Commission relating to the matter that is the subject of the disclosure; and
(b)must be disregarded for the purpose of forming a quorum of the Gambling Commission for any deliberation or decision on that matter.

 

232 Corrupt use of official information

232Corrupt use of official information

Every Gambling Commissioner is, while acting as such, an official within the meaning and for the purposes of Part 6 of the Crimes Act 1961.

 

233 Other enactments applying to Gambling Commission

233Other enactments applying to Gambling Commission

The following enactments apply to the Gambling Commission:

(a)

the Official Information Act 1982:

(b)

the Ombudsmen Act 1975:

(c)

the Privacy Act 1993:
[(d) the Public Records Act 2005.]

 

234 Schedule 3 applies to Gambling Commission

234Schedule 3 applies to Gambling Commission

Schedule 3 applies to the Gambling Commission.

 

235 Appeals

235Appeals
(1)A person affected by a decision of the Gambling Commission in performing any of the functions in section 224(1)(a) to (f) may appeal that decision to the High Court.

 

(2)The High Court may reconsider afresh a matter that comes to it on appeal and may confirm, modify, or reverse a decision of the Gambling Commission or may direct the Gambling Commission to reconsider a decision.

 

(3)A person may appeal a decision of the High Court made on appeal under subsection (1) to the Court of Appeal—
(a)on a point of law only; and
(b)with the leave of the Court of Appeal.

 

(4)An appeal under subsection (1) or subsection (3) must be made within 15 working days of the date of the notice of the Gambling Commission’s decision or the date of the High Court decision (as the case may be), or any longer period that the High Court or the Court of Appeal may allow.

 

(4A)To avoid doubt, a casino licence remains in force (unless it expires or is surrendered) until all appeals are decided, or the period for appeal expires.

 

(5)There is no appeal to a court against a decision of the Gambling Commission in performing the functions in section 224(1)(g) to (q).

 

Section 235(4): amended, on 3 March 2015, by section 90(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 235(4A): inserted, on 3 March 2015, by section 90(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

235A No review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised

235ANo review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised
(1)A person who has a right to appeal to the Gambling Commission against 1 or more of the decisions specified in subsection (2) is not entitled to apply for ju­dicial review of the decision unless—
(a)that person exercises that right of appeal; and
(b)the appeal is finally determined.
(2)The decisions referred to in subsection (1) are—
(a)a decision by the Secretary to refuse to grant a class 3 operator's licence, class 4 operator's licence, or class 4 venue licence:
(b)a decision by the Secretary to cancel or suspend a class 3 operator's li­cence, class 4 operator's licence, or class 4 venue licence:
(c)a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a class 3 operator's licence, class 4 operator's licence, or class 4 venue licence:
(d)a decision by the Secretary to refuse to renew a class 3 operator's li­cence, class 4 operator's licence, or class 4 venue licence:
(e)a decision by the Secretary to refuse to amend a class 3 operator's li­cence, class 4 operator's licence, or class 4 venue licence.
(3)In this section, apply for judicial review means—
(a)to make an application for review of the decision under the Judicial Review Procedure Act 2016; or
(b)to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in re­spect of that decision.

Section 235A: inserted, on 21 October 2015, by section 28 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).