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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 1 - Age restriction on certain gambling

301 Age restriction on instant games and similar games

Part 4

Harm prevention and minimisation, enforcement, and other matters

 

Subpart 1—Age restriction on certain gambling

 

301Age restriction on instant games and similar games
(1)Every person under 18 years commits an offence who purchases, or attempts to purchase, a ticket in the following games, either on the person’s own behalf or on behalf of any other person:
(a)an instant game that is a New Zealand lottery:
(b)a New Zealand lottery that is highly repetitive or frequently drawn:
(c)any other similar game run by the Lotteries Commission and that is declared by the Minister, by notice in the Gazette, to be subject to this section.

 

(2)Every person commits an offence who purchases, or attempts to purchase, a ticket in a game listed in subsection (1) on behalf of a person under 18 years.

 

(3)Every person commits an offence who—
(a)sells, or offers to sell, a ticket in a game listed in subsection (1) to a person under 18 years, whether the ticket is purchased or intended to be purchased for that person or for any other person; or
(b)provides credit to a person under 18 years to enable that person to purchase a ticket.

 

(4)It is a defence to a charge under subsection (2) or subsection (3) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 18 years or over.

 

(5)Without limiting subsection (4), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

 

(6)Every person who commits an offence—
(a)against subsection (1) is liable on conviction to a fine not exceeding $500:
(b)against subsection (2) or subsection (3) is liable on conviction to a fine not exceeding $1,000.

 

(7)A notice given under subsection (1)(c) 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.

 

Compare: 1977 No 84 s 116ZE

Section 301(5): amended, on 3 March 2015, by section 95 of the Gambling Amendment Act 2015 (2015 No 3).

Section 301(6)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 301(6)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 301(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

 

302 Age restriction on class 4 gambling

302Age restriction on class 4 gambling
(1)Every person under 18 years commits an offence who participates in class 4 gambling.

 

(2)Every corporate society commits an offence that allows a person under 18 years to participate in class 4 gambling at a venue for which it holds a class 4 venue licence.

 

(3)Every venue manager or person who is a key person at a class 4 venue commits an offence who allows a person under 18 years to participate in class 4 gambling at the venue where the manager or person is employed.

 

(4)It is a defence to a charge under subsection (2) if the defendant proves that—
(a)the offence was committed without the knowledge of the defendant; and
(b)the defendant had reasonable grounds to believe that there were effective procedures operating to minimise the possibility of a person under 18 years participating in class 4 gambling.

 

(5)It is a defence to a charge under subsection (3) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 18 years or over.

 

(6)Without limiting subsection (5), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

 

(7)Every person who commits an offence—
(a)against subsection (1) is liable on conviction to a fine not exceeding $500:
(b)against subsection (2) is liable on conviction to a fine not exceeding $5,000:
(c)against subsection (3) is liable on conviction to a fine not exceeding $1,000.

 

Section 302(5): amended, on 3 March 2015, by section 96 of the Gambling Amendment Act 2015 (2015 No 3).

Section 302(6): amended, on 3 March 2015, by section 96 of the Gambling Amendment Act 2015 (2015 No 3).

Section 302(7)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 302(7)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 302(7)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

 

303 Age restriction on gambling in casinos

303Age restriction on gambling in casinos
(1)Every person under 20 years commits an offence who—
(a)participates in casino gambling; or
(b)is found in the gambling area of a casino.

 

(2)Every holder of a casino operator’s licence commits an offence who allows a person under 20 years—
(a)to participate in casino gambling; or
(b)to enter, or remain in, the gambling area of a casino.

 

(3)It is a defence to a charge under subsection (2) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 20 years or over.

 

(4)Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 20 years or over.

 

(5)Every person who commits an offence—
(a)against subsection (1) is liable on conviction to a fine not exceeding $500:
(b)against subsection (2) is liable on conviction to a fine not exceeding $5,000.

 

Compare: 1990 No 62 s 105

Section 303(3): amended, on 3 March 2015, by section 97 of the Gambling Amendment Act 2015 (2015 No 3).

Section 303(4): amended, on 3 March 2015, by section 97 of the Gambling Amendment Act 2015 (2015 No 3).

Section 303(5)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 303(5)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

 

304 Power to require particulars

304Power to require particulars
(1)A gambling inspector or a member of the police who has reasonable grounds to suspect that a person has committed, is committing, or is attempting to commit, an offence against sections 301 to 303 may require the person to give his or her name, address, and date of birth.

 

(2)If the gambling inspector or member of the police has reasonable grounds to suspect that the particulars given are false, the gambling inspector or member of the police may require the person to supply evidence verifying those particulars.

 

(3)The gambling inspector or member of the police must warn the person of the consequences if—
(a)the person fails to give his or her particulars; or
(b)the person fails, without reasonable excuse, to provide satisfactory verification of those particulars.

 

(4)If a person persists in failing to give particulars or, without reasonable excuse, fails to provide satisfactory verification of those particulars after having received a warning under subsection (3), a member of the police may arrest the person without warrant.

 

(5)Every person commits an offence and is liable on … conviction to a fine not exceeding $500, who—
(a)fails to give particulars if required to do so; or
(b)fails, without reasonable excuse, to provide satisfactory verification of those particulars if required to do so; or
(c)provides false particulars or evidence, knowing the particulars or evidence to be false.

 

(6)For the purposes of this section, satisfactory verification of particulars includes an evidence of age document.

 

305 Gambling operator must refuse to pay under-age person

305Gambling operator must refuse to pay under-age person
(1)If a gambling operator under sections 301 to 303 has reasonable grounds to suspect that a person is under the age specified in those sections, the gambling operator must refuse to pay any money or prizes won by the person.

 

(2)If any money or prize is withheld under subsection (1), the gambling operator must—
(a)keep a record of—
(i)the name and address of the person who is suspected of being under-age; and
(ii)the amount of money or the prize won by the person; and
(iii)the date on which the money or prize was withheld; and
(b)advise the person that if he or she provides satisfactory verification of his or her age to the gambling operator within 7 days, the person may claim the money or prize withheld.

 

(3)Any money or prize from class 4 gambling that is not claimed under subsection (2)(b) within 7 days must be treated as if it were net proceeds of class 4 gambling.

 

(4)This section does not apply to any money or prize won in a New Zealand instant game if the winning ticket was purchased before the commencement of this section.

 

306 Court may order return of money or prize

306Court may order return of money or prize

If a person is convicted under section 301(1) or section 302(1) or section 303(1) of being an under-age gambler, the court may, in addition to any other penalty that may be imposed, order that the person refund the money or return the prize to the gambling operator from whom it was won.