Gambling Act 2003

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

68: Determining suitability for class 4 venue licence

You could also call this:

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

When you want a class 4 venue licence, the Secretary checks if you are a suitable person. The Secretary looks at things like if you have been convicted of a crime in the last 7 years. They also check if you have had problems with other licences or been bankrupt.

The Secretary checks your financial situation and credit history. They look at how well you followed the rules in the past, including the Gambling Act and the Racing Industry Act. You can read more about the Racing Industry Act on the New Zealand legislation website.

The Secretary can also consider other important matters. They can look at things that happened outside New Zealand that are similar to the things they check in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208620.


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69: Form and content of class 4 venue agreement, or

"What needs to be in a class 4 venue agreement for gambling venues"

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

68Determining suitability for class 4 venue licence

  1. In determining whether a key person is a suitable person for the purpose of sections 66 and 67, the Secretary may investigate and take into account the following things:

  2. whether he, she, or it has, within the last 7 years,—
    1. been convicted of a relevant offence:
      1. held, or been a key person in relation to, a class 3 or class 4 operator’s licence, a class 4 venue licence, a casino licence, or a licensed promoter’s licence under this Act or any licence under previous gaming Acts that has been cancelled, suspended, or for which an application for renewal has been refused:
        1. been placed in receivership, gone into liquidation, or been adjudged bankrupt:
          1. been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
            1. been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
              1. been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:
              2. the financial position and the credit history of the key person:
                1. the profile of past compliance by the key person with—
                  1. this Act, minimum standards, game rules, Gazette notices, and licence conditions; and
                    1. the Racing Industry Act 2020 or the previous racing Acts (and any rules of racing made under any of those Acts); and
                      1. previous gaming Acts, and regulations made under previous gaming Acts; and
                        1. a licence or a site approval issued under a previous gaming Act; and
                        2. any other matter that the Secretary considers relevant.
                          1. The Secretary may take into account matters of a similar nature to those listed in subsection (1) that occurred outside New Zealand.

                          Notes
                          • Section 68(1)(a): amended, on , by section 39(a) of the Gambling Amendment Act 2015 (2015 No 3).
                          • Section 68(1)(a)(iv): inserted, on , by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).
                          • Section 68(1)(a)(v): inserted, on , by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).
                          • Section 68(1)(a)(vi): inserted, on , by section 39(b) of the Gambling Amendment Act 2015 (2015 No 3).
                          • Section 68(1)(c)(ii): amended, on , by section 129 of the Racing Industry Act 2020 (2020 No 28).
                          • Section 68(1)(c)(iv): amended, on , by section 15(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).
                          • Section 68(1)(d): inserted, on , by section 15(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).