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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 3 - Regulations relating to harm prevention and minimisation

313 Regulations relating to harm prevention and minimisation

Subpart 3—Regulations relating to harm prevention and minimisation

 

313Regulations relating to harm prevention and minimisation
(1)The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)prescribing the maximum stake that may be placed in gambling authorised by this Act:
(b)prescribing the maximum prize limit for gambling authorised by this Act:

(ba)restricting or prohibiting inducements to gamble:

(c)prescribing requirements for the design, layout, and furnishing of a class 4 venue or casino venue:
(d)declaring a venue or class of venue as suitable or unsuitable to be a class 4 venue:
(e)regulating the intensity of gambling, including—
(i)the frequency at which successive games may be played or successive bets may be placed:
(ii)the concentration of gambling positions at a venue, for example, the number and spacing of gaming machines or gaming tables, and the number of seats at those machines or tables:
(iii)the kinds or frequency of information or messages that must be displayed to gamblers during a playing session, for example, the duration of the session, losses during the session, reminders about the desirability of breaks in the session, warnings about problem gambling and advice about sources of assistance for problem gambling:

(ea)regulating the transfer of money to a gaming machine:

(f)prescribing the information or messages that gambling operators must provide:
(g)restricting or prohibiting the advertising of gambling, gambling delivery mechanisms, gambling venues, gambling prizes, or any other thing related to gambling, or prescribing codes requiring such advertising to be responsible:
(h)requiring gambling operators to provide problem gambling awareness training for employees involved in supervising gambling:

(ha)specifying minimum standards or content for problem gambling awareness training:

(i)prescribing systems or processes ancillary to gambling, including—
(i)the method of paying prizes:
(ii)the availability of automatic teller machines at a venue:

(iia)the availability of EFTPOS devices in close proximity to gambling equipment at a venue:

(iii)the disabling of a bank note acceptor device associated with a gaming machine at a venue:
(j)providing for any other matters related to harm prevention or minimisation that are contemplated by, or necessary for giving full effect to, this Act and its due administration.

 

(2)Regulations made under subsection (1) may apply—
(a)to specified licence holders or classes of licence holder:
(b)to specified venues or classes of venue:
(c)to specified gambling equipment or classes of gambling equipment:
(d)to any particular games, or classes of games, or categories, classes, or forms of gambling.

 

Section 313(1)(ba): inserted, on 3 March 2015, by section 104(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(e): amended, on 3 March 2015, by section 104(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(e)(iii): amended, on 3 March 2015, by section 104(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(ea): inserted, on 3 March 2015, by section 104(4) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(f): amended, on 3 March 2015, by section 104(5) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(g): replaced, on 3 March 2015, by section 104(6) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(ha): inserted, on 3 March 2015, by section 104(7) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(1)(i)(iia): inserted, on 3 March 2015, by section 104(8) of the Gambling Amendment Act 2015 (2015 No 3).

Section 313(2)(d): replaced, on 3 March 2015, by section 104(9) of the Gambling Amendment Act 2015 (2015 No 3).

 

314 Regulations relating to gaming machines in class 4 venue

314Regulations relating to gaming machines in class 4 venue
(1)The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a)prescribing the maximum number of gaming machines that may be operated in New Zealand or any area within New Zealand (or both):
(b)prescribing policies, procedures, or systems for considering class 4 operator licence applications if maximum limits are set under paragraph (a) (for example, a sinking lid policy):
(c)prescribing transitional and savings provisions if maximum limits are set under paragraph (a):
(d)prescribing the maximum stake that may be placed on a single play of a gaming machine:
(e)prescribing the maximum prize that may be won from a single play of a gaming machine:
(f)prescribing the minimum or maximum payout ratio or average rate of return to a player:
(g)prescribing requirements relating to the electronic monitoring of gaming machines:
(ga)prescribing the use of pre-commitment, player tracking, or other harm-minimisation devices, technology, or systems in or associated with gaming machines:
(h)providing for any other matters that are contemplated by, or necessary for giving full effect to, this Act and its due administration.

 

(2)Regulations made under subsection (1) may apply—
(a)to specified licence holders or classes of licence holder:
(b)to specified venues or classes of venue:
(c)to specified gaming machines or classes of gaming machine.

 

315 Regulations relating to admission to and exclusion from gambling area of class 4 venue and casino venue

315Regulations relating to admission to and exclusion from gambling area of class 4 venue and casino venue
(1)The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to the gambling area of class 4 venues and casino venues.

 

(2)The regulations may exclude from the gambling area of a class 4 venue or casino 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 in, the gambling area of a class 4 venue or casino venue in breach of any regulations made under this section must be treated as having committed an offence against section 4 of the Trespass Act 1980 and is liable accordingly.

 

316 Regulations relating to exclusion of problem gamblers

316Regulations relating to exclusion of problem gamblers
(1)The Governor-General may, by Order in Council, make regulations—
(a)prescribing 1 or more procedures to enable a venue manager, the holder of a class 4 operator’s licence or the holder of a casino operator’s licence, or a person acting on behalf of any of those persons, to identify problem gamblers (including the sources of information that must or may be considered or sought to assist in identifying problem gamblers):
(b)prescribing procedures for prohibiting identified problem gamblers from entering the gambling area of a class 4 venue or casino venue:
(c)prescribing procedures for removing a person who a venue manager or the holder of a casino operator’s licence has reasonable grounds to believe is a problem gambler:
(d)ensuring that access to the gambling area of class 4 venues and casino venues 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 the gambling area of a class 4 venue or casino venue.

 

(2)Regulations made under subsection (1) may—
(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.

 

Section 316(1)(a): replaced, on 3 March 2015, by section 105(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 316(2): amended, on 3 March 2015, by section 105(2) of the Gambling Amendment Act 2015 (2015 No 3).