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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

46: Appeal to Gambling Commission regarding class 3 operator’s licence

You could also call this:

"Appealing a decision about your charity's gambling licence to the Gambling Commission"

If you are a society and the Secretary makes a decision about your class 3 operator's licence that you do not agree with, you can appeal to the Gambling Commission. You can appeal if the Secretary refuses to grant you a licence, or if they amend or revoke a condition of the licence, or add a new condition to it. You can also appeal if the Secretary refuses to renew your licence, or if they suspend or cancel it.

You must make your appeal in writing and send it to the Gambling Commission within 15 working days of the Secretary's decision. If you need more time, you can ask the Gambling Commission for an extension, as long as you ask within the 15 working days.

The Gambling Commission will look at your appeal and can ask you or the Secretary for more information. They do not have to follow a formal procedure or hold a hearing, but they must think about any information you or the Secretary give them. The Gambling Commission can then decide to confirm, vary, or reverse the Secretary's decision, or they can send the matter back to the Secretary to reconsider.

The Gambling Commission must tell you and the Secretary about their decision and why they made it, and they must also tell you when their decision will take effect. You can find more information about the laws that govern this process on the New Zealand legislation website.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208289.

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

"What happens if your class 3 gambling licence is suspended, cancelled, or not renewed?"

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47: Consequences of appeal regarding class 3 operator’s licence, or

"What happens to your licence if you appeal a decision about it"

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

46Appeal to Gambling Commission regarding class 3 operator’s licence

  1. A society may appeal to the Gambling Commission against a decision of the Secretary to—

  2. refuse to grant a class 3 operator’s licence to the society; or
    1. amend or revoke a condition of the licence, or add a new condition to it; or
      1. refuse an application by the corporate society for the renewal of a class 3 operator’s licence; or
        1. refuse to amend a class 3 operator’s licence held by the society; or
          1. suspend or cancel a class 3 operator’s licence held by the society.

            1. An appeal must be in writing and must be made within—

            2. 15 working days after the date of the notice of the Secretary’s decision; or
              1. any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

                1. The Gambling Commission—

                2. may request any information from the society or the Secretary; and
                  1. is not bound to follow any formal procedure; and
                    1. does not need to hold a hearing; and
                      1. must consider any information provided by the society or the Secretary.

                        1. The Gambling Commission may then—

                        2. confirm, vary, or reverse the decision of the Secretary; or
                          1. refer the matter back to the Secretary with directions to reconsider the decision.

                            1. The Gambling Commission must give notice of—

                            2. its decision, with reasons, to both the society and the Secretary; and
                              1. the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).

                                Notes
                                • Section 46(5): replaced, on , by section 9 of the Gambling Amendment Act (No 2) 2015 (2015 No 90).