Gambling Act 2003

Gambling - Licensing of class 4 gambling - Territorial authority consent

100: Considering and determining application for territorial authority consent

You could also call this:

"How the council decides on applications to run gaming machines in your area"

When you apply for a territorial authority consent, the territorial authority must consider and determine your application according to its class 4 venue policy. They will then either grant a consent with or without a condition, or not grant a consent at all. The condition can only specify the maximum number of gaming machines that can be operated at the venue.

If a corporate society applies for a consent to increase the number of gaming machines, the territorial authority must consider the application in the same way, but they cannot include a condition that reduces the current number of machines. The territorial authority must notify you of their decision within 30 working days after they receive your application or adopt a class 4 venue policy, whichever is later.

A territorial authority cannot consider an application before they have a class 4 venue policy. If you get a territorial authority consent for a class 4 venue, it will expire after 6 months if you do not submit an application for a class 4 venue licence.

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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=DLM208658.


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99: Application for territorial authority consent, or

"Asking a local council for permission to run a gambling venue"


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101: Territorial authority must adopt class 4 venue policy, or

"Councils must make rules about gambling venues in their area"

Part 2Gambling
Licensing of class 4 gambling: Territorial authority consent

100Considering and determining application for territorial authority consent

  1. A territorial authority must—

  2. consider and determine an application for a territorial authority consent in accordance with its class 4 venue policy; and
    1. then either—
      1. grant a consent with or without a condition specifying the maximum number of gaming machines that may be operated at the venue (but with no other condition); or
        1. not grant a consent.
        2. However, if a corporate society applies for a territorial authority consent for an amendment to a class 4 venue licence to allow an increase in the number of gaming machines that may be operated at a venue, a territorial authority—

        3. must consider and determine the application in accordance with subsection (1); but
          1. may not include a condition specifying a maximum number of machines that may be operated at the venue that is fewer than the number of machines that may be operated currently at the venue.
            1. The territorial authority must notify the applicant of its determination within 30 working days after the later of—

            2. the date of receipt of the application; or
              1. the date that it adopts a class 4 venue policy.
                1. A territorial authority must not consider an application for a territorial authority consent before it has a class 4 venue policy.

                2. A territorial authority consent for a class 4 venue expires 6 months after its date of issue if no application for a class 4 venue licence in relation to the venue has been submitted.

                Notes
                • Section 100(1)(a): amended, on , by section 57(1) of the Gambling Amendment Act 2015 (2015 No 3).
                • Section 100(1)(a): amended, on , by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).
                • Section 100(1)(b)(i): amended, on , by section 57(2) of the Gambling Amendment Act 2015 (2015 No 3).
                • Section 100(3)(b): amended, on , by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).
                • Section 100(4): amended, on , by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).
                • Section 100(5): inserted, on , by section 57(3) of the Gambling Amendment Act 2015 (2015 No 3).