Gambling Act 2003

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

40: Change of purpose and winding up provisions of holder of class 3 operator’s licence ineffective without approval

You could also call this:

"You need approval to make big changes to a class 3 operator's licence, like changing goals or closing down."

If you have a class 3 operator's licence, you must get approval from the Secretary before you make certain changes. You need approval if you want to change something that might affect your status as a non-commercial entity. You also need approval if you want to change how your assets are distributed when you wind up, or if you want to change your goals so you can no longer use gambling proceeds for authorised purposes. If you make one of these changes without approval, the Minister, Secretary, Gambling Commission, or Department might ignore the change when applying the Gambling Act 2003. You must follow this rule to ensure your changes are valid.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208281.

Topics:

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39: Significant changes in relation to class 3 operator’s licence must be notified, or

"Tell us about big changes to your class 3 operator's licence"

41: Renewal of class 3 operator’s licence, or

"How to renew a special licence to run a small gambling game"

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

40Change of purpose and winding up provisions of holder of class 3 operator’s licence ineffective without approval

A society holding a class 3 operator’s licence must obtain the approval of the Secretary before it changes a provision in its governing document that may have the effect of altering—
the society’s status as an entity established and conducted entirely for non-commercial purposes; or
the distribution of its assets on winding up; or
its objects so that it is no longer capable of applying or distributing net proceeds from the class 3 gambling to or for authorised purposes.

If a governing document is changed with an effect described in subsection (1) without the approval of the Secretary, the change may be ignored by the Minister, the Secretary, the Gambling Commission, or the Department in applying this Act.