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Gambling Act 2003

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

74: Suspension or cancellation of class 4 venue licence

You could also call this:

"The government can stop or cancel a venue's gambling licence if rules are broken."

The Secretary can suspend or cancel a class 4 venue licence if they are satisfied that certain conditions are not met. You need to understand that this can happen if the grounds in section 67 are no longer met, or if the corporate society is not complying with the requirements of the Act, including section 69A. The Secretary can also suspend or cancel a licence if the corporate society provided false or misleading information in their application.

When deciding whether to suspend or cancel a licence, the Secretary must consider the matters in section 67. The Secretary can suspend a licence for any breach, even if the breach is not happening at the time of suspension.

The Secretary's power to suspend a licence applies to any breach, regardless of whether a penalty is prescribed for the breach or if the breach continues at the time the power is exercised.

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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=DLM208628.

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73: Amending class 4 venue licence, or

"Changing a gambling venue's licence: how to make changes to a class 4 venue licence"

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75: Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence, or

"What happens when someone wants to stop or cancel a venue's gambling licence"

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

74Suspension or cancellation of class 4 venue licence

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

  2. any of the grounds in section 67 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 69A, 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 venue licence; or
            1. a renewal or an amendment of a class 4 venue licence; or
              1. a class 4 operator’s licence; or
                1. a renewal or an amendment of a class 4 operator’s licence.

                2. In deciding whether to suspend or cancel a class 4 venue licence, the Secretary must take into account the matters in section 67.

                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 74(1)(b): replaced, on , by section 45(1) of the Gambling Amendment Act 2015 (2015 No 3).
                    • Section 74(3): inserted, on , by section 45(2) of the Gambling Amendment Act 2015 (2015 No 3).