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Gambling Act 2003

Gambling - Licensing of class 4 gambling - Grant of class 4 venue licence

67: Grounds for granting class 4 venue licence

You could also call this:

"When can you get a licence to run a gambling venue in New Zealand?"

The Secretary will only give you a class 4 venue licence if they are satisfied with certain things. You must have a class 4 operator's licence and the Secretary must think that young people under 18 years old will not be able to gamble at your venue. The Secretary must also be happy with the person who will manage your venue.

You must own the gambling equipment you plan to use, except for electronic monitoring systems. The equipment must meet minimum standards and you must not operate equipment financed by the manufacturer. There are other conditions you must meet, such as having a suitable venue and minimising the risk of problem gambling.

If the Secretary decides not to give you a licence, they will tell you why and explain how you can appeal the decision, which is outlined in section 77. You can appeal the decision and the Secretary will tell you how to do this. The Secretary must be satisfied with all these conditions before giving you a class 4 venue licence.

The Secretary will check that you can comply with all the rules and that your venue is suitable. They will also check that you have the right consent from the territorial authority, as required under section 98, and that you meet the requirements outlined in section 68 and section 69. If you are TAB NZ or a racing club, there are special rules that apply to you. The Secretary must be happy with your application and think that you will be a responsible operator.

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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=DLM208619.

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66: Secretary must investigate applicant for class 4 venue licence, or

"The government checks you and your team before giving a special licence for a gambling venue."

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68: Determining suitability for class 4 venue licence, or

"Checking if you're a suitable person to run a gambling venue"

Part 2Gambling
Licensing of class 4 gambling: Grant of class 4 venue licence

67Grounds for granting class 4 venue licence

  1. The Secretary must refuse to grant a class 4 venue licence unless the Secretary is satisfied that—

  2. the applicant holds a class 4 operator’s licence; and
    1. the possibility of persons under 18 years old gaining access to class 4 gambling at the class 4 venue is minimised; and
      1. the venue manager is an individual and any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about his or her suitability, in terms of section 68, to supervise—
        1. the conduct of class 4 gambling at the venue; and
          1. venue personnel; and
          2. any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of any other key person, in terms of section 68; and
            1. if the application relates to a class 4 venue that is licensed to another corporate society, the other corporate society has surrendered its class 4 venue licence for the venue; and
              1. the territorial authority has provided a consent (if required under section 98); and
                1. on issue of the licence, the applicant will own any gambling equipment (except for electronic monitoring systems) that it proposes to operate; and
                  1. on issue of the licence, the applicant will not operate any gambling equipment that is financed by the manufacturer, distributor, or vendor of the equipment; and
                    1. all gambling equipment to be operated at the venue meets relevant minimum standards; and
                      1. the class 4 venue agreement (if required)—
                        1. enables the class 4 gambling conducted at the class 4 venue to comply with this Act and the proposed class 4 venue licence; and
                          1. includes the information specified in section 69; and
                          2. the class 4 venue is not used mainly for operating gaming machines; and
                            1. if the application relates to a venue for which a class 4 venue licence was not held at the time of commencement of this section, the class 4 venue is not to be part of a place at which another class 4 venue or a casino is located; and
                              1. for an application that is required under section 65(3) to be accompanied by a class 4 venue agreement, no person will be both a key person in relation to the relevant class 4 operator’s licence and a key person in relation to the class 4 venue licence; and
                                1. if TAB NZ is the applicant, the class 4 venue is either—
                                  1. owned or leased by TAB NZ and used mainly for racing betting or sports betting; or
                                    1. a racecourse; and
                                    2. if the applicant is a racing club, the class 4 venue is a racecourse; and
                                      1. the risk of problem gambling at the class 4 venue is minimised; and
                                        1. the proposed venue is suitable in all other respects to be a class 4 venue; and
                                          1. there are no other factors that are likely to detract from achieving the purpose of this Act; and
                                            1. the applicant is able to comply with all other applicable regulatory requirements.

                                              1. If the Secretary decides to refuse to grant a class 4 venue licence, the Secretary must notify the applicant, or, if there is a venue agreement, the parties to the agreement, and the venue manager of—

                                              2. the reason for the decision; and
                                                1. the right to appeal the decision; and
                                                  1. the process to be followed for an appeal under section 77.

                                                    Notes
                                                    • Section 67(1)(b): amended, on , by section 38(1) of the Gambling Amendment Act 2015 (2015 No 3).
                                                    • Section 67(1)(l): amended, on , by section 38(2) of the Gambling Amendment Act 2015 (2015 No 3).
                                                    • Section 67(1)(m): amended, on , by section 38(3) of the Gambling Amendment Act 2015 (2015 No 3).
                                                    • Section 67(1)(n): amended, on , by section 129 of the Racing Industry Act 2020 (2020 No 28).
                                                    • Section 67(1)(n)(i): amended, on , by section 129 of the Racing Industry Act 2020 (2020 No 28).
                                                    • Section 67(1)(s): replaced, on , by section 38(4) of the Gambling Amendment Act 2015 (2015 No 3).