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Gambling Act 2003

Gambling - Licensing of class 3 gambling - Grant of class 3 operator’s licence

37: Grounds for granting class 3 operator’s licence

You could also call this:

"When can you get a licence to run a class 3 gambling operation to raise money for a good cause?"

The Secretary will only give you a class 3 operator's licence if they are satisfied that you meet certain conditions. You must be running a class 3 gambling operation and your goal must be to raise money for authorised purposes. The Secretary must also think your operation will make enough money and that you will use the money for the right purposes.

The Secretary needs to be sure you can follow the rules and that you will make the most money possible from the gambling while keeping costs low. They also need to be sure the money you make will be used for the right things. If the Secretary investigates you and finds something they do not like, they might not give you a licence.

When the Secretary checks if your operation is financially viable, they look at whether you can pay winners and still have money left for authorised purposes. If you do not give the Secretary the information they ask for, as stated in section 36, they might refuse your licence.

If the Secretary decides not to give you a licence, they will tell you why and let you know you can appeal the decision. They will also explain how to appeal, which is outlined in section 46.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208278.

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Money and consumer rights > GamblingGovernment and voting > Government departments
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36: Secretary must investigate applicant for class 3 operator’s licence, or

"The government checks you out before giving you a special licence to run a gambling business."

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38: Content and conditions of class 3 operator’s licence, or

"What a class 3 operator's licence must include and the rules it must follow"

Part 2Gambling
Licensing of class 3 gambling: Grant of class 3 operator’s licence

37Grounds for granting class 3 operator’s licence

  1. The Secretary must refuse to grant a class 3 operator’s licence unless the Secretary is satisfied that—

  2. the gambling to which the application relates is class 3 gambling; and
    1. the applicant’s purpose in conducting class 3 gambling is to raise money for authorised purposes; and
      1. the applicant’s proposed gambling operation is financially viable; and
        1. the applicant will maximise the net proceeds from the class 3 gambling and minimise the operating costs of that gambling; and
          1. the net proceeds from the class 3 gambling will be applied to or distributed for authorised purposes; and
            1. the applicant is able to comply with applicable regulatory requirements; and
              1. any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of the applicant, any officers of the applicant, or the organiser of the gambling.

                1. In assessing financial viability under subsection (1)(c), the Secretary must consider, among other things, the ability of the applicant to both reward winners and apply or distribute the net proceeds from the class 3 gambling to or for authorised purposes.

                2. The Secretary may refuse to grant a class 3 operator’s licence if an applicant fails to provide the information requested by the Secretary in accordance with section 36.

                3. If the Secretary decides to refuse to grant a class 3 operator’s licence, the Secretary must notify the applicant of—

                4. the reason for the decision; and
                  1. the right to appeal the decision; and
                    1. the process to be followed for an appeal under section 46.