New Zealand Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
GAMBLING ACT 2003
- As at 1 November 2024
- Act 51 of 2003
TABLE OF PROVISIONS
1. Title
PART 1 - Preliminary provisions
2. Commencement
3. Purpose
4. Interpretation
4A. Modification of definition of remote interactive gambling during specified period due to effects of COVID-19
4A. Modification of definition of remote interactive gambling during specified period due to effects of COVID-19
5. Extended meaning of conduct
5A. Meaning of net proceeds
6. Multi-terminal and multi-player gaming machines
7. Meaning of significant influence in casino
8. Secretary may seek information to assess influence
8AA. Transitional, savings, and related provisions
8A. Act binds the Crown
PART 2 - Gambling
SUBPART 1 - Prohibitions and authorisations
9. Gambling prohibited
10. No more casinos
11. No increase in casino gambling
12. What is increase in casino gambling
13. No compensation
14. Legality of gambling contracts
15. Providing credit for gambling prohibited
16. Advertising overseas gambling prohibited
17. Regulations may restrict or prohibit prizes
17A. Retail value of non-cash prize must be stated
18. Sales promotion schemes authorised
19. Offences
SUBPART 2 - Classes of gambling
20. Overview
21. Secretary may categorise gambling
22. Meaning of class 1 gambling
23. No licence required
24. Meaning of class 2 gambling
25. Requirements for class 2 gambling
26. No licence required
27. Meaning of class 3 gambling
28. Requirements for class 3 gambling
29. Existing licences class 3 operators’ licences
30. Meaning of class 4 gambling
31. Requirements for class 4 gambling
32. Existing gaming machine licences and site approvals
33. Status of TAB NZ and racing clubs
34. Meaning of casino gambling
SUBPART 3 - Licensing of class 3 gambling
35. Application for class 3 operator’s licence
36. Secretary must investigate applicant for class 3 operator’s licence
37. Grounds for granting class 3 operator’s licence
38. Content and conditions of class 3 operator’s licence
38A. Continuing obligations of class 3 operator
39. Significant changes in relation to class 3 operator’s licence must be notified
40. Change of purpose and winding up provisions of holder of class 3 operator’s licence ineffective without approval
41. Renewal of class 3 operator’s licence
42. Amending class 3 operator’s licence
43. Suspension or cancellation of class 3 operator’s licence
44. Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence
45. Consequences of suspension, cancellation, or refusal to amend or renew class 3 operator’s licence
46. Appeal to Gambling Commission regarding class 3 operator’s licence
47. Consequences of appeal regarding class 3 operator’s licence
48. Surrender of class 3 operator’s licence
49. Class 3 operator’s licence not transferable
SUBPART 4 - Licensing of class 4 gambling
50. Application for class 4 operator’s licence
51. Secretary must investigate applicant for class 4 operator’s licence
52. Grounds for granting class 4 operator’s licence
52A. Circumstances in which corporate society may apply net proceeds to authorised purpose
53. Content and conditions of class 4 operator’s licence
53A. Continuing obligations of class 4 operator
54. Significant changes in relation to class 4 operator’s licence must be notified
55. Change of purpose and winding up provisions of holder of class 4 operator’s licence ineffective without approval
56. Renewal of class 4 operator’s licence
57. Amending class 4 operator’s licence
58. Suspension or cancellation of class 4 operator’s licence
59. Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence
60. Consequences of suspension, cancellation, or refusal to amend or renew class 4 operator’s licence
61. Appeal to Gambling Commission regarding class 4 operator’s licence
62. Consequences of appeal regarding class 4 operator’s licence
63. Surrender of class 4 operator’s licence
64. Class 4 operator’s licence not transferable
65. Application for class 4 venue licence
66. Secretary must investigate applicant for class 4 venue licence
67. Grounds for granting class 4 venue licence
68. Determining suitability for class 4 venue licence
69. Form and content of class 4 venue agreement
69A. Continuing obligations of corporate society in relation to class 4 venue licence
70. Content and conditions of class 4 venue licence
71. Significant changes in relation to class 4 venue licence must be notified
72. Renewal of class 4 venue licence
73. Amending class 4 venue licence
74. Suspension or cancellation of class 4 venue licence
75. Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence
76. Consequences of suspension, cancellation, or refusal to amend or renew class 4 venue licence
77. Appeal to Gambling Commission regarding class 4 venue licence
78. Consequences of appeal regarding class 4 venue licence
79. Surrender of class 4 venue licence
80. Class 4 venue licence not transferable
81. Complaints to Secretary
82. Certain information must be displayed at class 4 venue
83. Obligation on disposal of gaming machines
84. Prohibition on certain gaming machines in class 4 venue
85. Disabling gambling equipment
86. Holder of class 4 operator’s licence must connect to electronic monitoring system
87. Functions of electronic monitoring system
88. Secretary may select monitor
89. Notification required
90. Register of class 4 venue licences must be maintained
91. No compensation
92. Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001
93. Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but before commencement
94. Limit on number of gaming machines for venue with venue licence granted after commencement
95. Ministerial discretion to permit more gaming machines if clubs merge
96. Ministerial discretion to permit more than 9 machines at certain class 4 venues
97. Power to issue, renew, or amend class 4 licence may be overridden
97A. Effect of relocation
98. When territorial authority consent required
99. Application for territorial authority consent
100. Considering and determining application for territorial authority consent
101. Territorial authority must adopt class 4 venue policy
102. Adoption and review of class 4 venue policy
103. Provision of information relating to class 4 venues in territorial authority district
104. Gaming machine profits must be banked
105. Interest, etc, on gaming machine profits
105A. Management of gaming machine profits bank account
106. Corporate society must apply or distribute net proceeds from class 4 gambling to or for authorised purpose
107. Corporate society must provide annual report to Secretary
108. Contents of annual report
108A. Audit must be carried out in accordance with auditing and assurance standards
108B. Clubs that operate gambling equipment at non-commercial class 4 venues must make financial statements available to members
108C. Other corporate societies must make financial statements available on Internet
109. Annual review of criteria for distribution of net proceeds
110. Publication requirements for corporate societies
111. Application or distribution of net proceeds when corporate society ceases class 4 gambling
112. Orders regarding application or distribution of net proceeds
113. Key persons must not be involved in certain activities or decisions
114. Regulations regarding application or distribution of net proceeds from class 4 gambling
115. Payment of commission prohibited
115A. Duty on grant recipients
116. Secretary may limit or exclude operating costs of corporate society
117. Secretary may investigate and audit licensees, grant recipients, management services providers, and businesses at class 4 venues
118. Certain persons must not seek, receive, or offer benefits with improper conditions attached
SUBPART 5 - Licensing of casino gambling
119. Requirements for casino gambling
120. Racing betting and sports betting in casinos
121. Casino branding
122. Existing casino licences and agreements
123. Directions as to operating casinos
124. Suitability requirements
125. Gambling Commission must investigate application concerning casino licences
126. Mortgage or assignment of casino licence
127. Casino licence not transferable
128. Application for casino operator’s licence
129. Consideration of application
130. Grant of casino operator’s licence
131. Expiry of casino operator’s licence
132. Approval of casino venue agreement
133. Consideration of application
134. Application for renewal of casino venue licence
135. Process for determining applications for renewal
136. Information and matters to be considered
137. Renewal of casino venue licence
138. Expiry of casino venue licence
139. Conditions of casino licence
140. Procedure for specifying, varying, or revoking casino licence conditions
141. Minimum operating standards in casino licences
142. Procedure for specifying, varying, or revoking minimum operating standards
143. Appeal to Gambling Commission
144. Suspension or cancellation of casino licence
145. Procedure for suspending or cancelling casino licence
146. Notification of suspension and cancellation
147. Surrender of casino licence
148. Appeal against cancellation or suspension
149. Approval for associated persons required
150. Appeal to Gambling Commission
151. Responsibilities of person who acquires significant influence without approval
152. Licensee to seek prior approval
153. Responsibility of licensee aware of person with significant influence
154. Affected transactions
155. Review of associated persons by Secretary
156. Actions that may be taken by Gambling Commission
157. Existing certificates of approval
158. Certain casino employees must be approved
159. Application for certificate of approval
160. Secretary must investigate application for certificate of approval
161. Information and matters that Secretary may take into account
162. Refusal of application for certificate of approval
163. Issue of certificate of approval
164. Expiry of certificate of approval
165. Commencement of duties before issue of certificate of approval
166. Application for suspension or cancellation of certificate of approval
167. Making and revoking order suspending or cancelling certificate of approval
168. Secretary must notify casino
169. Surrender of certificate of approval
170. Restriction on holder of certificate of approval
171. Appeal to Gambling Commission regarding certificate of approval
172. Restricted hours of operation
173. On-licences under Sale and Supply of Alcohol Act 2012
174. Charges to enter and play not permitted
175. Information for customers
176. Training for employees
177. Books must be kept in casino venue
178. Gambling equipment must be kept in casino venue
179. Obligation on disposal of gaming machines
180. Prohibition on certain gaming machines in casino
181. Restriction on certain agreements
182. Review of agreements
183. Procedure after issue of notice
184. Consequences of termination of agreement
185. Bank may be required to provide information
186. Investigation of complaints
187. Temporary authority
SUBPART 6 - Licensed promoters of class 3 gambling
188. Society may engage licensed promoter
189. Licensed promoter may only promote licensed class 3 gambling activity
190. Existing licensed promoter licences
191. Eligibility for licensed promoter’s licence
192. Application for licensed promoter’s licence
193. Notice of licence application
194. Objections
195. Applicant must provide bond given by approved surety
196. When bond must be paid to Secretary
197. Secretary may appoint administrator
198. Compensation claims
199. Consideration and payment of claims
200. Secretary must investigate applicant for licensed promoter’s licence
201. Grounds for granting licensed promoter’s licence
202. Secretary must notify Police if licence granted
203. Content and conditions of licensed promoter’s licence
203A. Significant changes in relation to licensed promoter’s licence must be notified
204. Secretary must keep register of licensed promoters
Note
205. Renewal of licensed promoter’s licence
205A. Amending licensed promoter’s licence
206. Suspension or cancellation of licensed promoter’s licence
207. Procedure for suspending, cancelling, or refusing to renew licensed promoter’s licence
208. Consequences of suspension, cancellation, or refusal to renew licensed promoter’s licence
209. Appeal to Gambling Commission regarding licensed promoter’s licence
210. Consequences of appeal regarding licensed promoter’s licence
211. Licensed promoter must have trust account
212. Trust account must be audited
213. Licensed promoter must render account to society
214. Surrender of licensed promoter’s licence
215. Temporary licence
216. Revocation of temporary licence
217. Incomplete promotions
218. Licensed promoter’s licence not transferable
219. Regulations relating to licensed promoters
PART 3 - Institutions
SUBPART 1 - Gambling Commission
220. Establishment of Gambling Commission
221. Membership
222. Appointment criteria
223. Termination of appointment of Gambling Commissioner
224. Functions of Gambling Commission
225. Gambling Commission is Commission of Inquiry
225A. Protection of Gambling Commission and Department
226. Gambling Commission may engage experts and receive wide evidence
227. Gambling Commission may sit in divisions
228. Department must service Gambling Commission
229. Gambling Commission must provide annual report to Minister
230. Remuneration of Gambling Commissioners
231. Disclosure of interests
232. Corrupt use of official information
233. Other enactments applying to Gambling Commission
234. Schedule 3 applies to Gambling Commission
235. Appeals
235A. No review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised
SUBPART 2 - New Zealand Lotteries Commission
236. New Zealand Lotteries Commission
237. Crown entity status
238. Functions of Lotteries Commission
239. Capacity and powers
240. Board of Lotteries Commission
241. Further provisions about Lotteries Commission
242. Ministerial directions
243. Lottery rules
244. Minister may require Lotteries Commission products to comply with regulations and minimum standards
245. Special purpose lotteries
246. Lotteries Commission may determine additional prizes
247. Lottery proceeds
248. Method of drawing lottery
249. Scrutiny of drawings and allocations
250. Drawings to be open to public at discretion of Lotteries Commission
251. Official result
252. Lottery prize fund
253. Entitlement to prizes
254. Claims to lottery prizes
255. No entitlement to interest
256. Unclaimed prizes
257. Funds of Lotteries Commission
258. Bank accounts
259. Estimates of income and expenditure
260. Borrowing powers
261. Loans
262. Investment of funds
263. Payment of profits
264. Exemption from income tax
265. Financial year
266. Accounts and audit
267. Protection of name
268. Protection of product names
269. Contracts with other bodies
270. Accounts of bodies assisting Lotteries Commission and audit of accounts
271. Members of Lotteries Commission continue in office
SUBPART 3 - New Zealand Lottery Grants Board
272. New Zealand Lottery Grants Board
273. Members and procedure
274. Function of Board
275. Powers of Board
276. Amounts available for allocation by Board
277. Purposes for which profits may be distributed
278. Distributions by Minister
279. Allocation of profits to certain statutory bodies
280. Distribution committees
281. Functions of distribution committees
282. Applications for assistance
283. Payments of grants
284. Subsidies and loans
285. Secretary is corporation sole for certain purposes
286. Bank accounts
287. Investment of money
288. Loans to Lotteries Commission
289. Miscellaneous expenditure
290. Accounts of profits and audit
291. Crown entity
292. Appointment of officers
293. Remuneration of members of Board and distribution committees
294. Protection of members, distribution committees, and employees
295. Annual report
296. Transitional provision
SUBPART 4 - Casino Control Authority
Note
297. Casino Control Authority abolished
298. Consequences of dissolution
299. Third parties
300. Employees of Authority
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
302. Age restriction on class 4 gambling
303. Age restriction on gambling in casinos
304. Power to require particulars
305. Gambling operator must refuse to pay under-age person
306. Court may order return of money or prize
SUBPART 2 - Admission to venues
307. Admission to class 4 venue and casino venue
308. Requirement to develop policy for identifying problem gamblers
309. Exclusion order may be issued to problem gambler identified under section 308
309A. Duty to assist problem gambler if ongoing concern exists
310. Exclusion order must be issued to self-identified problem gambler
311. Requirement to remove person who enters gambling venue in breach of exclusion order
312. Offences relating to breach of exclusion order
312A. Duty to keep record of excluded persons
SUBPART 3 - Regulations relating to harm prevention and minimisation
313. Regulations relating to harm prevention and minimisation
314. Regulations relating to gaming machines in class 4 venue
315. Regulations relating to admission to and exclusion from gambling area of class 4 venue and casino venue
316. Regulations relating to exclusion of problem gamblers
SUBPART 4 - Problem gambling levy
317. Integrated problem gambling strategy focused on public health
318. Process for developing integrated problem gambling strategy
319. Regulations relating to problem gambling levy
319A. Problem gambling levy regulations are confirmable instrument
320. Calculating levy
320A. Levy may be calculated for period of less than 3 years
321. Initial levy
322. Early reconsideration
323. Collection
324. Accountability
325. Problem gambling committee
SUBPART 5 - Minimum standards for gambling equipment
326. Gambling equipment must comply with minimum standards
326A. Temporary operation of gambling equipment for research or evaluation purposes
327. Secretary may prescribe minimum standards
328. Secretary must give notice of minimum standard
329. Transitional provision relating to gambling equipment
SUBPART 6 - Gambling inspectors
330. Secretary may appoint gambling inspectors
331. Authority to act as gambling inspector
332. Functions of gambling inspector
333. Power of gambling inspector to require information or documents
334. Power of gambling inspector to enter and demand information
335. Power of gambling inspector to seize equipment in casino venue
336. Power of gambling inspector to seize equipment in public place
337. Return of equipment seized under section 335 or section 336
338. Other powers of gambling inspectors
339. Functions and powers of Police
340. Search warrants
341. Form and content of search warrant
342. Powers conferred by search warrant
343. Requirements when executing search warrant
344. Police may arrest persons found at place
345. Disposal of things seized under search warrant
346. Obstructing gambling inspector
347. Restriction on class 4 gambling by certain persons
348. Restriction on gambling in casino by certain persons
349. Gambling inspectors and Police not criminally liable
350. Transitional provision relating to gambling inspectors
SUBPART 7 - Offences relating to gambling in casinos
351. Cheating
352. Being in possession of equipment for cheating
353. Counterfeit chips
SUBPART 8 - Proceedings, evidence, etc
354. Relationship of this Part with Part 2
355. Proceedings for offences
356. Infringement offences
357. Issue of infringement notice
358. Reminder notices
359. Infringement fees
360. Regulations relating to infringement offences
361. Evidence of gambling
362. Evidence of bookmaking
363. Forfeiture
SUBPART 9 - Other matters
364. Notification
365. Information gathering
366. Secretary may issue standard forms
367. Power to make game rules
368. Regulations relating to forms of gambling and gambling equipment
369. Regulations relating to forms
370. Regulations relating to fees
370A. Regulations relating to offences
371. Other regulations
372. Consultation before regulation
373. Amendments to Casino Control Act 1990 and Gaming and Lotteries Act 1977
374. Amendments to other enactments
375. Repeals and revocations
376. Savings
377. Decisions during transitional period
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback