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Gambling Act 2003

Gambling - Licensing of class 4 gambling - Suspension, cancellation, or refusal to amend or renew class 4 operator’s licence

58: Suspension or cancellation of class 4 operator’s licence

You could also call this:

"What happens if a gambling operator breaks the rules: suspension or cancellation of their licence"

The Secretary can suspend or cancel a class 4 operator's licence if they are satisfied that certain conditions are not met. You might wonder what these conditions are - they include things like the corporate society not following the rules of the Act, or the class 4 venue agreement not being consistent with the Act. The Secretary can also suspend or cancel a licence if the corporate society gave false or misleading information when applying for a licence.

When deciding whether to suspend or cancel a licence, the Secretary must consider the matters in section 52. The Secretary can suspend a licence for up to 6 months, and they can do this even if the breach has stopped or if there is no penalty for the breach.

The Secretary has to think about the rules and conditions that the corporate society has to follow, such as the obligations set out in section 53A, minimum standards, game rules, and licence conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208607.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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57: Amending class 4 operator’s licence, or

"Changing a class 4 gambling licence: how to apply for changes"

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59: Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence, or

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

Part 2Gambling
Licensing of class 4 gambling: Suspension, cancellation, or refusal to amend or renew class 4 operator’s licence

58Suspension or cancellation of class 4 operator’s licence

  1. The Secretary may suspend for up to 6 months, or cancel, a class 4 operator’s licence if the Secretary is satisfied that—

  2. any of the grounds in section 52 are no longer met; or
    1. the corporate society is failing, or has failed, to comply with all relevant requirements of this Act, including the obligations set out in section 53A, minimum standards, game rules, Gazette notices, and licence conditions; or
      1. the class 4 venue agreement is no longer consistent with ensuring compliance with this Act or the licence; or
        1. the corporate society supplied information that is materially false or misleading in its application for—
          1. a class 4 operator’s licence; or
            1. a renewal or an amendment of a class 4 operator’s licence; or
              1. a class 4 venue licence; or
                1. a renewal or an amendment of a class 4 venue licence.

                2. In deciding whether to suspend or cancel a class 4 operator’s licence, the Secretary must take into account the matters in section 52.

                3. The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (d) of subsection (1) whether or not—

                4. the breach continues at the time that the power is exercised or is proposed to be exercised:
                  1. a penalty is prescribed for the breach.

                    Notes
                    • Section 58(1)(b): replaced, on , by section 34(1) of the Gambling Amendment Act 2015 (2015 No 3).
                    • Section 58(3): replaced, on , by section 34(2) of the Gambling Amendment Act 2015 (2015 No 3).