The Department of Internal Affairs

Te Tari Taiwhenua | Department of Internal Affairs

Building a safe, prosperous and respected nation



Reducing Pokies Harm 2023

(Updated: 30 August 2023)

The Government has announced new regulations the  Gambling Harm Prevention and Minimisation Amendment Regulations 2023  (Legislation website) to strengthen gambling harm minimisation in class 4 venues.

These new regulations are designed to ensure venues and gambling societies meet their responsibilities to prevent problem gambling. They include changes to advertising and branding regulations, establishing clearer procedures to enable the identification of problem gamblers through strengthening monitoring practices. They also establish a number of infringement offences for breaches of these requirements.

Why are these regulations changing?

Pokies are one of the most harmful forms of gambling and are the main reason that people seek gambling-related help in Aotearoa. The current settings in venues don’t do enough to prevent and minimise harm. See the Minister’s press release in announcing these regulations (Beehive website).

With improvements in staff training, and clearer procedures to identify problem gamblers, we expect to see better and more consistent interactions happening between staff and gamblers.  These changes have been informed by industry and existing best practice and are supported by organisations involved in preventing harmful gambling.

Putting these changes in the regulation means that there are clear and consistent standards that apply to all venues. The new regulations introduce infringement offences that can be used to promote compliance to better protect gamblers

The amended regulations will set the baseline standard that gambling operators must meet in order to obtain a class 4 licence. We will provide you with updates about other ongoing initiatives that aim to lift the capability of the sector at a later time. The focus at this stage remains on helping you to implement the new regulations announced by the Government.

When are these changes happening?

Part 1

15 June 2023

Includes three changes that come into effect:
Part 2 1 September 2023

  • New requirements about what problem gambling awareness training must cover including mandatory practical and interactive sessions on how to interact with gamblers, identify signs of harm and provide gamblers with information on how they can seek help.
Part 3 1 December 2023 All changes will be in force, including:

  • All venue staff who supervise gamblers must be trained, replacing the previous rule where a minimum of one harm minimisation trained person was required at the venue if gambling was available.

  • Venue staff who are supervising gamblers must be trained in the new requirements, and this training must occur at least once per year.

  • Clearer requirements around identifying harm - - staff will have to conduct at least three physical observations (sweeps) of the gaming area per hour, these must be at least 10 minutes apart and they must be recorded. Venue managers are required to review these records weekly.

  • Venue staff must have conversations with gamblers if they have been identified as showing certain signs of harm. The conversation is to assist with identifying whether the player is a problem gambler, and a record must be kept of these conversations.

  • New venue layout requirements to ensure easier monitoring of ATMs by staff from the main bar or service area, and to ensure that gaming machines generally are not visible from outside of the venues

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What do these changes mean?

Societies, clubs and venues must start planning and implementing what they need to do to comply with the new regulations by the time each part comes into effect, including:

  • Developing and delivering the new training requirements (as set out in Part 2).
  • Staff who start after 1 September 2023 will need to be trained in the new requirements, and existing staff must be trained in the new training requirements when they receive annual training.
  • Meeting the new requirements for the location of ATMs and ensuring gaming machines are not visible from outside venues with a specified gaming area. From 1 December 2023, ATMs inside a class 4 gambling venue must be in the line of sight of the main bar area of the venue, or if the venue doesn’t have a bar area, the main customer service area. This may require ATMs to be physically moved and re-installed.

Implementing the new regulations

Some changes may involve significant work for Class 4 societies, clubs and venues – for example updating training and possible relocation of ATMs. The phased approach to implementing these regulations provides clubs, venues and societies time to ensure that they can take the required steps to meet the new requirements.

Cost

Some changes will be paid for by the venue, from their venue commission payments, others will be paid for by the society or club. Societies can use proceeds of gambling activities on actual, necessary and reasonable costs related to meeting the new regulations. These rules may be applied to venue design changes, and training. However your costs must be both necessary to comply with the regulations and reasonable – care must be taken to ensure that societies minimise expenditure to maximise community wellbeing.

Compliance

From 1 December 2023, the Department will be inspecting venues and auditing societies for compliance with the new requirements. The new regulations include a range of infringement offences, and if there is non-compliance, infringement notices may be issued.

We recommend corporate societies deliver training in the new requirements to everyone supervising gambling by 1 December 2023, or as soon as practical afterwards.

Having all staff fully trained in the new requirements will help venues meet new requirements, such as undertaking and recording sweeps, and having and recording conversations with gamblers showing signs of harm.

We will apply our general approach to compliance if breaches are identified and will consider all enforcement options at our disposal.

Te Tari Taiwhenua (Department of Internal Affairs) is developing further information and guidance to help sector participants with their responsibilities.

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Part 1: Currently in effect

What do these changes mean for sector participants?

 

Venue licence holders and venue operators will need to ensure that all their venues meet the advertising and branding regulations, as they are now the only parties responsible for ensuring venues are compliant. If not, they could be subject to an infringement fee.

Venue licence holders also need to ensure that they meet all the requirements around harm minimisation signage, information, pamphlets and help-seeking information. If not, they could be subject to an infringement fee.

Compliance with regulations for advertising jackpots and jackpot branding

Part 1 of the Gambling (Harm Prevention and Minimisation) Amendment Regulations 2023 (Legislation website) changes who is responsible for complying with existing restrictions on jackpot advertising and branding (see Regulations 9 and 10 of the 2004 Harm Prevention and Minimisation Regulations).

Responsibility will rest only with the holder of the class 4 venue licence and the venue operator.

Previously, three parties were responsible - the venue manager, the holder of the class 4 venue licence and the venue operator. The new regulations remove the venue manager’s responsibility. This change has been made because advertising and branding of jackpots at a class 4 venue is not something directly under the venue manager’s control. Rather, the class 4 venue licence holder and the venue operator control this aspect of the venue’s operation.

The existing restrictions on advertising jackpots and jackpot branding can be found here: Regulation 9 and Regulation 10 (Legislation website)

New infringement offences for non-compliance

There are three new infringement offences coming into effect from 15 June 2023. These are set out in the Gambling (Infringement Notices) Amendment Regulations 2023 (Legislation website):

new infringement offence and fee for a breach of Regulation 9 regarding jackpot advertising restrictions

new infringement offence and fee for a breach of Regulation 10 regarding jackpot branding restrictions

new infringement offence and fee for a breach of Regulation 11 of the 2004 Harm Prevention and Minimisation regulations, regarding displaying signage and making certain pamphlets and information available to players.

 

Breaching these regulations are now infringement offences with an infringement fee of $1,000 for each. These changes have been made to drive greater compliance with these important requirements, helping to ensure gamblers are well informed on issues around gambling, harmful gambling, and how to seek help if needed.

New methods of payment for infringement offences

 

Finally, the Gambling (Infringement Notices) Amendment Regulations 2023 modernise the payment methods used to pay infringement fees.

 

Webinar for clubs and societies 

On 26th July and 1st August Te Tari Taiwhenua Department of Internal Affairs organised two webinars to connect with societies and clubs.

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Part 2: From 1 September 2023

What do these changes mean for sector participants?

 

  • Class 4 venue licence holders must update all problem gambling awareness training content to meet new requirements for class 4 venues.

  • Corporate societies and Clubs must have robust procedures in place for recording details off staff training, including which venue staff have been trained.

  • Anyone scheduled to receive training at a venue will need to be trained with the updated material from 1 September 2023.

  • Any new venue staff who have responsibility for supervising gambling must receive the updated training.

In effect this means that in the period from 1 September to 1 December 2023, only new venue managers and venue personnel appointed after 1 September 2023 will need to receive training in the updated material.

We recommend corporate societies and clubs deliver training in the new requirements to everyone supervising gambling by 1 December 2023, or as soon as possible afterwards.

There are a number of resources that will be useful in building training resources, including https://www.safergambling.org.nz/ and for understanding privacy obligations when keeping records of sweeps Office of the Privacy Commissioner | Privacy Act 2020 and the Privacy Principles

Who needs to be trained and when?

(Regulation 13(1))

Anyone scheduled to receive training at a venue will need to be trained with the updated material from 1 September 2023.  

The venue manager and venue personnel must receive this training so at least one trained person is always available while gambling is operating.

Venue personnel who have already received training prior to 1 September 2023 and are tasked with gambling supervision must comply with the new regulation for annual refresher training, and have completed the updated training a year after their last training (by 31 August 2024 at the latest).  

The content of new training requirements

From 1 September, any training provided must meet new content requirements. These are in two areas: capabilities and minimum components. These are outlined below.

Capabilities (Regulation 13(2))

 

The existing regulations mean training must enable venue personnel to carry out their harm minimisation responsibilities. This involves training in certain capabilities, such as how to approach a player that may be experiencing gambling harm.

From 1 September 2023 an additional capability must be included in the training content – that of monitoring the gambling area for signs of harm, including conducting gambling area sweeps.

Components of the training (Regulation 13 (3))

There are three minimum components to the training:

  • Practical and interactive training on four topics

  • Certain information that must be provided 

Guidance on two matters – Privacy Act 2020 obligations and how to conduct gambling sweeps 

Practical and interactive training 

A blended learning approach such as online modules or pre-recorded videos along with in person or virtual sessions are possible. You will need to ensure the training includes both practical and interactive components.

  • Interacting with players to gain familiarity and build rapport,

  • Initiating conversations with a player who may be experiencing harm,

  • How to interact with a player who is distressed and agitated,

  • How venue personnel can support problem gamblers through the exclusion process (including how to start conversations with players about the exclusion process and how players can access multi-venue exclusions)

Practical means training in the practical skills and tasks needed to put the requirements into practice. Venue personnel will need to learn practical, interpersonal skills so that they can have conversations with people who are gambling. This includes when they are distressed or agitated, in order to determine if they are a problem gambler. For example, practical training may include learning and practicing skills via role play on how to interact with a distressed gambler.  

Interactive training means that training participants must have the ability to interact with the trainer and/or the training materials and receive feedback. Training can be done in person or by way of virtual sessions such as Zoom or Teams. 

Interactive training cannot rely solely on one-way information flow such as a trainee only watching a video or a presentation.  

We recommend corporate societies and clubs deliver training in the new requirements to everyone supervising gambling by 1 December 2023, or as soon as possible afterwards.

Components of the training (Regulation 13 (3)):

Certain information must be provided 

The training must also provide information, including:

  • Information about identifying the signs of harm.

  • Basic information about how gaming machines work, including why they can be addictive.

  • First-hand accounts (which may be pre-recorded) from people who have experienced or been affected by harm.

  • Information about the types of harm.

  • Information about local and national problem gambling services and other organisations that can provide support to people affected by harm.

  • Information about what harm resources are available to support venue managers or venue personnel to help prevent or minimise harm.

  • The procedure for self-exclusion and venue-initiated exclusion, including when it is appropriate for the venue manager or a person acting on their behalf to consider excluding an individual.

There are a number of resources that will be useful in building training resources, including https://www.safergambling.org.nz/

Privacy Act 2020 obligations 

The training must also provide guidance on conducting gambling sweeps and maintaining records (including compliance with the Privacy Act 2020). Office of the Privacy Commissioner | Privacy Act 2020 and the Privacy Principles. 

How to conduct gambling sweeps

 

Gambling sweeps are defined as they are part of training requirements introduced on 1 September 2023.  Compulsory gambling sweeps begin on 1 December 2023.

A ‘sweep’ is defined as “the physical observation of a place where gaming machines are located to

(a) observe player behaviour and 

(b) monitor for signs of harm, including those described in the Schedule.

Introducing a schedule of seven signs of harm

These are the signs which must be monitored for, and if a player shows anyone these signs, venue personnel will be required to take further action from 1 December 2023.

The signs of harm include (but are not limited to) 7 signs of harm. 

1. Withdrawing or attempting to withdraw cash from an ATM or EFTPOS device on two or more occasions in one day to use for gambling at the venue.

2. Gambling during 9 or more consecutive gambling area sweeps.

3. Attempting to borrow money from venue personnel or other venue customers to use for gambling.

4. Leaving children in a car or otherwise unattended at the venue.

5. Waiting to gamble as soon as the venue opens.

6. Refusing to stop gambling at the venue when the venue is closing, or otherwise appearing unable to stop gambling.

7. Appearing visibly distressed or angry either during or after gambling, (for example crying, holding their head in their hands, or hitting a machine).

This is not an exhaustive list – venue staff should be trained and aware of all the recognised signs of harm. 

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Part 3: All changes will be in force

Part 3 on December 2023 - all changes will be in force, including this will be updated shortly

  • All venue staff who supervise gamblers must be trained, replacing the previous rule where a minimum of one harm minimisation trained person was required at the venue if gambling was available.
  • Venue staff who are supervising gamblers must be trained in the new requirements, and this training must occur at least once per year.
  • Clearer requirements around identifying harm - - staff will have to conduct at least three physical observations (sweeps) of the gaming area per hour, these must be at least 10 minutes apart and they must be recorded. Venue managers are required to review these records weekly.
  • Venue staff must have conversations with gamblers if they have been identified as showing signs of harm. The conversation is to assist with identifying whether the player is a problem gambler, and a record must be kept of these conversations.
  • New venue layout requirements to ensure easier monitoring of ATMs by staff from the main bar or service area, and to ensure that gaming machines generally are not visible from outside of the venues

Also coming into effect are new regulations containing a list of new infringement offences for breaches of these regulations.

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Related information

Gambling policy

Gambling consultations