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Gambling Act 2003

Gambling - Licensing of class 3 gambling - Suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

44: Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence

You could also call this:

"What happens if someone wants to suspend, cancel, or refuse to renew your gambling licence"

If you have a class 3 operator's licence, the Secretary might want to suspend, cancel, or refuse to amend or renew it. The Secretary must tell you about their proposal, the reason for it, and what you can do. You have the right to know what is happening and how to respond. The Secretary will tell you how long you have to respond, which is usually 20 working days. You can ask for more time if you need it. You can make written submissions to the Secretary about the proposed suspension, cancellation, or refusal to amend or renew your licence. The Secretary must consider what you say. If the Secretary decides to suspend your licence, they will tell you when it starts, how long it lasts, and why it is happening. They might also tell you what you need to do to get the suspension lifted. If the Secretary decides to cancel or refuse to amend or renew your licence, they will tell you why and what you can do next. You have the right to appeal the decision and the Secretary will tell you how to do this, 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=DLM208287.

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43: Suspension or cancellation of class 3 operator’s licence, or

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45: Consequences of suspension, cancellation, or refusal to amend or renew class 3 operator’s licence, or

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Part 2Gambling
Licensing of class 3 gambling: Suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

44Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence

  1. If the Secretary proposes to suspend, cancel, or refuse to amend or renew a class 3 operator’s licence, the Secretary must notify the society of—

  2. the proposal to suspend, cancel, or refuse to amend or renew the licence; and
    1. the reason for the proposed suspension, cancellation, or refusal; and
      1. the society’s rights, and the procedure to be followed—
        1. before the suspension or cancellation takes effect; or
          1. as a result of the refusal to amend or renew the licence.

          2. The society may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to amend or renew within—

          3. 20 working days after the date of the notice under subsection (1); or
            1. any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

              1. The Secretary must consider any submissions made by the society.

              2. If the Secretary decides to suspend a licence, the Secretary must notify the society of—

              3. the date that the suspension takes effect; and
                1. the suspension period (up to 6 months); and
                  1. the reason for the suspension.

                        1. Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—

                        2. the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and
                          1. the consequences of not dealing with the matters identified.

                            1. If the Secretary decides to cancel or refuse to amend or renew a licence, the Secretary must notify the society of,—

                            2. for a cancellation, the date on which the cancellation takes effect and the reason for the cancellation:
                              1. for a refusal to amend or renew, the reason for the refusal.

                                1. If subsection (4) or subsection (5) applies, the Secretary must also notify the society of—

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

                                    Notes
                                    • Section 44(4)(c): replaced, on , by section 25(1) of the Gambling Amendment Act 2015 (2015 No 3).
                                    • Section 44(4)(d): repealed, on , by section 25(1) of the Gambling Amendment Act 2015 (2015 No 3).
                                    • Section 44(4)(e): repealed, on , by section 25(1) of the Gambling Amendment Act 2015 (2015 No 3).
                                    • Section 44(4A): inserted, on , by section 25(2) of the Gambling Amendment Act 2015 (2015 No 3).