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The Rules for Running a Gambling Activity Gambling in Pubs and Clubs (Class 4) Info for Territorial Authorities Compliance Investigations and Audits Electronic Monitoring System (EMS) Fact Sheets (Gambling Act 2003) |
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Gambling in Pubs and Clubs (Class 4)
Gaming machines in pubs and clubs (i.e. outside a casino) represent 'Class 4' gambling, which the Gambling Act 2003 classifies as high-risk, high-turnover gambling. Class 4 gambling may only be conducted by a corporate society and only to raise money for an authorised (e.g. community and non-commercial) purpose. You can find out here about:
Licensing CriteriaThe Gambling Act aims to control the growth of gambling. There are strict licensing criteria for organisations wanting to run gaming machines and for the venues at which those machines are operated.The licensing criteria aim to:
Authorised PurposesCorporate societies that are licensed to operate gaming machines (class 4 corporate societies) must apply the net proceeds of the gaming operation to authorised purposes.Authorised purposes are:
Click here for more detailed information on Authorised Purposes: Authorised Purpose Guidelines for Societies and Clubs RegulationsRegulations have been made under the Gambling Act 2003 to help achieve the objectives of the Act. Regulations apply to individuals and organisations that are authorised to operate gambling. Please click here for a list of our Current Regulations.For more detailed information please click here:
Venue ExpensesVenue expenses are the payments that class 4 corporate societies make to reimburse class 4 venues for hosting their gaming machines. After extensive consultation a venue expenses framework was developed under the Gambling Act 2003. The venue expenses framework allows venues to be paid money by societies to reflect their true costs.The Department has completed a project to benchmark class 4 venue labour costs in line with the recommendations of the Venue Expenses Working Party. This project looked at the nature of class 4 venue labour activities and provided data on the timeframes associated with conducting those activities. Click here to view the Class 4 Venue Labour Costs Benchmarking Report .pdf (183k)*. The Department wrote to societies following this project and provided a copy of the report, explained the next steps it would be taking to further the work on venue expenses, and outlined the future Licensing process. Click here to view the Next Steps .pdf (131k)* and Licensing Process .pdf (124k)* documents. In line with the above communications, the Department has taken the Benchmarking Report and, with reference to the results of the Colmar Brunton Survey .pdf (1.9m)* commissioned by the Charity Gaming Association, developed a set of reasonable timeframes the Department will use in assessing venue costs. Click here to view the paper on Categorisation of Venue Costs and the Reasonable Timeframes Associated with Labour Tasks .pdf (122k)* This paper is currently under consultation and is intended to form the basis for the Department assessing costs in the future. The website will be updated following consideration of the submissions from the consultation process. Click here to see the consultation Cover Letter .pdf (140k)* Gazette Notice for Venue ExpensesSection 116 allows the Secretary to issue notices to limit or exclude Class 4 venue costs.The previous Gazette notice appearing in the 2 September 2004 issue of the New Zealand Gazette has been replaced by a notice appearing in the 17 July 2008 issue of the New Zealand Gazette. This notice clarifies the position of GST in relation to venue expenses. This notice takes effect on 18 July 2008.
A consultation document on venue expenses was sent to all societies and made available on the Department's website on 22 March 2004. To read the 22 March 2004 consultation document please click here: Site Payments Consultation .pdf (232k)* As a result of the consultation, an independent accounting firm was commissioned to assess the factors that influence venue expenses and to benchmark actual, reasonable and necessary costs that venues incur for hosting gaming machines. A copy of the accounting firm's report is here:
Most of the limits and exclusions come into effect on 2 December 2004. The remaining limit came into effect on 2 December 2005. Click here for a copy of the original Gazette notice:
Venue TransfersThe process for transferring gaming machines from one society to another has changed with the implementation of the Electronic Monitoring System (EMS). View the document below for step by step instructions on the new process:
The Role of Territorial AuthoritiesThe Gambling Act allows for the growth of gambling to be controlled through territorial authorities. Territorial authorities have introduced policies that can limit gaming machine numbers and they must agree to where gaming machines are placed in their districts. In this way the community can have input into gaming machine numbers and locations.A corporate society must apply for territorial consent before it:
Gambling Sector ConsultationThe Department has developed Consultation Guidelines .pdf (26k)* on who we consult with and when/how we do it. The Consultation Guidelines also explain what consultation is and what you can expect during and after consultation.Class 4 Game RulesThe Gambling Act (Class 4) Game Rules govern the playing and participation in class 4 gambling that utilises gaming machines outside of casinos and the systems, processes, information and documentation associated with particular games.
Class 4 Game Rules - Standard FormsThe Secretary for Internal Affairs has issued Standard Forms relating to class 4 game rules and their use is mandatory. This means that corporate societies, venues or service providers cannot create and use their own versions, except where electronic copies can be generated in the same format as the standard forms and contain exactly the same information.Gaming Machine Analysis form In response to a number of requests, we have produced the Standard Form Gaming Machine Analysis in a simple spreadsheet (Microsoft Excell 2003 format) that allows figures and other data to be input and automatically works out meter differences. NOTE: If you do not have access to Excel 2003 or higher you may use the Excel file viewer to view, print and export the contents of this file. It is essentially the same as the .pdf* version on our website, but has some minor additional functionality (e.g. highlighting the difference between actual and calculated hopper movement). Its use is not mandatory, but you are welcome to download and use it instead of the .pdf* document if it suits your gaming machine operation. Please read the Gaming Machine Analysis Spreadsheet Instructions .pdf (24k)* before use. If you have any questions, or experience any difficulties using it, please contact David Chatwin, Senior Inspector Technical, DDI (03) 353 8308 or e-mail david.chatwin@dia.govt.nz Licence ConditionsOperator's licences and venue licences issued or renewed are subject to licence conditions issued under the Gambling Act 2003. These conditions accompany and form part of the licence. Any corporate society must comply with the requirements set out in the licence conditions. Non-compliance will put the society's licence at risk.The Gaming Machine Operations Manual (Blue Book) was replaced by the Class 4 Game Rules 2004. Class 4 Gambling FormsThe Class 4 Gambling forms can be printed or downloaded from the Forms page.Audited Financial StatementsThe Gambling Act 2003 requires class 4 societies to provide audited financial statements to the Department of Internal Affairs within three months of the end of a society's financial year. The templates below will help clubs and corporate societies (class 4 operators) to prepare their financial statements and their forecast financial statements which are necessary to complete the Application to Renew Class 4 Operator's License and Venue Licence(s). Please note that these templates do not remove the need for judgement and consultation with your advisers when preparing your financial statements.
More Information
*This document is in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site. |
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Last updated: 13/11/2009 |
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