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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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Info for Territorial Authorities
Territorial Authorities in New Zealand must have a class 4 gambling venue policy, which must be reviewed within three years of being adopted and thereafter every three years.
Class 4 gambling venue policyThis policy must consider the social impact of gambling within the territorial authority's district and specify whether or not class 4 venues may be established in the district and, if so, where they may be located.Matters a territorial authority may have to consider in determining its policy include:
There is more information about what is required in a class 4 gambling policy in the Gambling Act 2003. Sections 95, 96 and 98-103 are the most relevant sections dealing with these requirements. The Department sent a letter to Territorial Authorities .pdf (122k)* on 22 February 2007 advising them of some of the gambling and problem gambling statistics and information they may want to consider when reviewing their policies. Territorial Authority consentGenerally, a society must obtain a territorial authority consent in the following circumstances:
The territorial authority may or may not place a condition on gaming machine numbers. It may not place other conditions. It's important to note that any proposed 'cap' in gaming machine numbers would only affect new venues as existing venues already have a statutory entitlement to the number of machines they are operating. Note: A territorial authority consent is not revocable once issued, nor can it lapse or expire - it is a one off assent to a situation. A territorial authority also does not have any retrospective powers with regards to any consented venues once they have entered the Department's licensing process. When the Department receives a territorial consent for venue licensing, in order to assess its validity/lawfulness the Department looks at:
Frequently asked questionsWe hear that gaming machine profits have dropped. Do we have any regional/national figures on the extent of any 'drop' at all?It is expected that player expenditure in 2005/06 will be approximately 12 per cent less than in 2004/05. This decline has been attributed to a stricter regulatory regime created by the Gambling Act and changes to the smoke-free environments legislation that came into effect in December 2004. This may translate to less money for grants, although this is only relative, given that 2005/06 expenditure will still be the 4th highest on record. To what extent does the availability of gaming machines contribute to or act as a 'driver' for harm? Information on the link between the availability of gaming machines, particularly in lower socio-economic areas, and harm from gambling can be found in Problem Gambling Geography of New Zealand on the Ministry of Health website at www.moh.govt.nz This website also contains statistical information on presentation numbers for treatment for problem gambling. Some Territorial Authorities have population ratio based caps. How effective are these given there is uncertainty about actual population levels between censuses? Some Territorial Authorities that have used population caps define the population of the district in terms of the usual resident estimates available from Statistics New Zealand on a particular day each year. Other Territorial Authorities have used the official census night figure. The Department has no information on their effectiveness. What information do you have on national/regional expenditure on Gaming Machines? National or regional social impact material? Currently expenditure data is gathered annually on a national level. See our gambling statistics for useful information including:
The implementation of the Electronic Monitoring System (EMS) means more accurate regional expenditure data will soon be available. The Department is also initiating a project aimed at gathering detailed, regular data on grants, including grants by TA district. With respects to regional grant information, you may want to contact Societies. For more general research, there are a couple of reports on the Ministry of Health website www.moh.govt.nz, which may be useful. Are we required to mandate that gambling venues must have a liquor licence? A Territorial Authority can choose to place this requirement in their Gambling Venue Policy as a 'relevant matter' but no, this is not a requirement for the Gambling Act or the Department. Are we required to use the Special Consultative Procedure (SCP) if we have reviewed our Act and are just carrying it over? In the Department's opinion, no, the SCP is only necessary when adopting a Gambling Venue Policy for the first time or otherwise amending, changing or replacing a Gambling Venue Policy. Should we just use the gaming machine statistics on the Internet or speak to DIA about current machine numbers? While the machine numbers data on the internet provides a useful snapshot, we urge Territorial Authorities wanting an up-to-date appreciation of what is operating in their district to get in touch with us and make a section 103 request. Are children banned from gambling venues? Children are not banned from gambling areas or gambling venues outright. They are not permitted to engage in class 4 or other restricted gambling and the venue operator has a duty to minimise the possibility of under 18 year olds gaining access to class 4 gambling. Do we really need to engage in an expensive social impact study in reviewing our Gambling Venue Policy? It is entirely over to the Territorial Authority as to how it wants to manage its regional social impact assessment. TAB venue policyEvery territorial authority must also have a TAB venue policy. Territorial authorities must also develop and review these policies through the use of the special consultative procedure outlined in the Local Government Act 2002 and have regard to the social impact of gambling in the territorial authority district. They must be reviewed every three years.The policy must specify whether the New Zealand Racing Board may establish new stand-alone TABs (i.e. the policy does not deal with TABs in pubs and clubs) in the district and, if so, where they may be located. The New Zealand Racing Board requires a consent from the relevant territorial authority before it establishes a new stand-alone TAB. Territorial authorities should ensure that the wording of their policies clearly covers every possible situation (for example, a proposal to relocate a TAB from one place to another). There are some very specific steps for territorial authorities to follow when making their TAB venue policies. The relevant provisions are sections 65A to 65E of the Racing Act 2003. Useful tipsThe tips below should help you when it comes to developing your class 4 gambling venue and/or TAB venue policies:
Further information
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Last updated: 24/11/2009 |
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