Consultation planning
The class 4 gambling system is a balance of the benefits and harms to the community. Carefully planning the pre-consultation stage encourages community involvement in decisions about the provision of gambling, one of the key purposes of the Act.
Councils have obligations under the Gambling Act, in addition to those under the Local Government Act 2002(LGA), when making changes to their local gambling policies.
Familiarise yourself with consultation requirements
- Section 102(1) of the Gambling Act sets out the consultation requirements under that Act.
- Section 83 of the LGA sets out the consultation requirements under that Act.
- Section 64E of the Racing Act sets out the consultation requirements under that Act.
Mandatory consultation requirements under the Gambling Act
The statutory requirements to consult with organisations representing Māori and gambling societies are set out below.
101 Territorial authority must adopt class 4 venue policy
(1) A policy on class 4 venues under section 101 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 and, for the purpose of subsection (1)(e) of that section, the territorial authority must give notice of the proposed policy, in a manner that the territorial authority considers appropriate, to—
(a) each corporate society that holds a class 4 venue licence for a venue in the territorial authority district; and
(b) organisations representing Māori in the territorial authority district.
(2) A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.
(3) Subsection (1) (b) does not affect the ability of a territorial authority to take similar action in respect of any other population group.
(4) ...
All councils already have their class 4 venue policy in place. If when reviewing its policy, a council decides it is appropriate to roll over its current policy, it is not mandatory for the council to undertake the special consultative procedure referred to in section 101(1) above.
Engaging with the Class 4 Sector (Must)
You must give notice of the proposed policy to each corporate society that holds a class 4 venue licence for a venue in your district, under section 101(2)(a) of the Gambling Act above.
For assistance in identifying these societies, refer to Information gathering [link].
The societies will be also able to provide information on the grants made in your communities.
Engaging with organisations representing Maori (Must)
You must consult with organisations representing Māori in your district, under section 101(1)(b) of the Act. This section requires councils to give notice of the proposed policy to organisations representing Māori.
Early engagement with iwi supports good outcomes and Māori community service provider arms of iwi can provide good insights of the impacts of gambling amongst whānau and hāpu.
Engagement with Māori is also mandated by the LGA. Local Government New Zealand provides useful information here about engagement with Māori and council to meet LGA responsibilities to:
- provide opportunities for Māori to contribute to the decision-making processes of councils,
- maintain processes to contribute to decision-making,
- foster the development of Māori capacity to contribute to decision-making processes and
- provide relevant information to Māori
There are other useful resources available to inform engagement with Māori listed in the resources section link
We’ve developed a list of central, local government and community resources to support your engagement here link to resources section.
Think about who you will engage with
The following engagement options are not specifically mandated under the Gambling Act but if you wish to improve your reach to populations who experience disproportionate harm, you may:
Engaging with Pacific Peoples and other communities
You may wish to engage Pacifika and other communities, who experience disproportionate harm from gambling according to Ministry of Health research.
Note that under section 102(3), the obligation to consult with organisations representing Maori does not affect the ability of a council to give notice of the proposed policy to any other group in the population.[Link to resources}
Engaging with Providers of Problem Gambling Services
You may also engage with the providers of problem gambling services in your area who are a valuable source of information. These service providers will have information about gambling harms in your local communities, and information about access to and use of problem gambling treatment services, which can contribute to your assessment of the social impact of gambling.
There are a range of providers in New Zealand: local to your area, national and specialist for vulnerable populations including Māori, Pacific and Asian service providers. You can find these here: [LINK]
Engaging with venues
You may also wish to consult with venues (pubs and clubs) in your area.
Decision – Review Policy?
If a decision is made to reconfirm your existing policy, you must notify the Department of Internal Affairs [link contact details].
If a decision is made to review the policy, you will develop the policy as per your local government policy processes and in accordance with the Local Government and Gambling Acts. Once adopted you must notify DIA [link].
