New Zealand Gambling Law Guide

(1)The Secretary may, by notice in the Gazette, declare that any particular gambling equipment or class of gambling equipment must be approved by the Secretary as complying with minimum standards relevant to the equipment before it may be used under a licence granted under this Act.

(2)It is a condition of every class 3 licence, class 4 venue licence, and casino operator's licence granted under this Act—

(a)that all gambling equipment used for the purposes of the licence must comply with minimum standards for the design, manufacture, and performance relevant to the equipment; and

(b)if the Secretary has declared under subsection (1) that gambling equipment must be approved by the Secretary as complying with minimum standards, that such an approval has been granted.

(3)The Secretary may require a society or the holder of a casino operator's licence to provide the Secretary with written confirmation from a specified body that a particular item or model of gambling equipment complies with relevant minimum standards.

(1)Despite section 326, the Secretary may, by notice in the Gazette, declare that any gambling equipment may be temporarily operated at a class 4 venue or casino venue without complying with minimum standards if—

(a)the operation of the gambling equipment is primarily for research or evaluation purposes for the purpose of this Act; and

(b)the methodology of the research or evaluation proposal is approved by the department responsible for the integrated problem gambling strategy; and

(c)the gambling equipment used for the research or evaluation purposes is to be operated for no longer than 12 months; and

(d)the operation of the gambling equipment complies with all other relevant requirements of this Act.

(2)A declaration made under subsection (1) must include the following information and conditions:

(a)the purpose of the research or evaluation; and

(b)the commencement and expiry date of the research or evaluation; and

(c)the name of the gambling operator who will conduct the gambling at the venue at which the research or evaluation will take place; and

(d)the address and a description of the venue at which the gambling will be conducted; and

(e)details of the gambling equipment that may be operated at the venue for the research or evaluation purposes; and

(f)any other conditions that the Secretary thinks fit, including conditions relating to—

(i)the management of the research or evaluation:

(ii)the ownership of the data generated by the research or evaluation:

(iii)the management of the gambling that will be conducted, including records that must be kept and reporting requirements:

(iv)the need to minimise the possibility of problem gambling while conducting the research or evaluation:

(v)the need to encourage responsible gambling while conducting the research or evaluation:

(vi)the areas within a venue that are the only areas permitted for operating gambling equipment in conducting the research or evaluation; and

(g)any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.

(3)The Secretary may revoke an approval given under subsection (1) at any time during the conduct of the research or evaluation.

(4)The Secretary may consider a request from any person to make a declaration under subsection (1).

(1)The Secretary may prescribe minimum standards for the design, manufacture, and performance of any particular gambling equipment or class of gambling equipment and may at any time amend or revoke any minimum standard.

(2)Minimum standards may, without limitation, include requirements that gambling equipment—

(a)has features designed to reduce the likelihood of problem gambling or other harm arising from its use:

(b)is capable of being monitored and controlled electronically.

(3)Minimum standards may incorporate, by reference, all or part of a principle, statement, standard, specification, or requirement that is published by, or on behalf of, any body or person in any country.

(4)If a principle, statement, standard, specification, or requirement that is incorporated by reference into a minimum standard is amended, the amendment does not become part of the minimum standard until it is notified, by the Secretary, in the Gazette.

(5)Minimum standards prescribed by the Secretary under this section are 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.]

(1)The Secretary must publish a notice in the Gazette —

(a)stating that a minimum standard has been prescribed, amended, or revoked; and

(b)stating the particular gambling equipment or class of gambling equipment to which the standard, amendment, or revocation applies; and

(c)stating the date on which the standard, amendment, or revocation takes effect, which must be a date after the date on which the notice published in the Gazette takes effect; and

(d)indicating how copies of the minimum standard, amendment (including any material incorporated by reference), or revocation may be obtained from the Secretary.

(2)If no minimum standard exists in respect of a particular item of gambling equipment, a person may apply to the Secretary for a minimum standard to be prescribed.

(1)Gambling equipment that was authorised for use and operating immediately before the commencement of this section must be treated as having complied with all the relevant minimum standards prescribed under section 327 until the close of a date prescribed for the purpose by the Governor-General by Order in Council.

(2)For the purposes of subsection (1), 1 or more Orders in Council may be made appointing different dates for different purposes.