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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

61: Appeal to Gambling Commission regarding class 4 operator’s licence

You could also call this:

"Challenging a decision about your gambling licence: how to appeal to the Gambling Commission"

If you are a corporate society and the Secretary makes a decision about your class 4 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 your licence, or add a new condition. 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. The Gambling Commission can allow you more time if you ask for it. The Commission can ask you or the Secretary for more information, and they do not have to follow a formal procedure or hold a hearing.

The Gambling Commission will consider the information you and the Secretary provide, and then they can confirm, vary, or reverse the Secretary's decision. They can also send the matter back to the Secretary and tell them to reconsider their decision. The Commission must tell you and the Secretary about their decision and the reasons for it, and they must also tell you when their decision will take effect. Note that if the Secretary specifies an expiry date under section 53(1A), you cannot appeal this to the Gambling Commission.

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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=DLM208610.

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60: Consequences of suspension, cancellation, or refusal to amend or renew class 4 operator’s licence, or

"What happens if your class 4 gambling licence is suspended, cancelled, or not renewed?"

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62: Consequences of appeal regarding class 4 operator’s licence, or

"What happens to your class 4 operator's licence when you appeal a decision about it"

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

61Appeal to Gambling Commission regarding class 4 operator’s licence

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

  2. refuse to grant a class 4 operator’s licence to the corporate 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 4 operator’s licence; or
        1. refuse to amend a class 4 operator’s licence held by the corporate society; or
          1. suspend or cancel a class 4 operator’s licence held by the corporate society.

            1. To avoid doubt, the specification of an expiry date under section 53(1A) is not a decision that may be appealed to the Gambling Commission.

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

            3. 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 corporate 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 corporate 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 corporate 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 61(1A): inserted, on , by section 13(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).
                                • Section 61(5): replaced, on , by section 13(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).