Gambling Act 2003

Gambling - Licensing of class 4 gambling - Territorial authority consent

102: Adoption and review of class 4 venue policy

You could also call this:

"Rules for councils to make and review policies about gambling venues"

When a territorial authority makes a policy about class 4 venues, you need to follow a special process. This process is outlined in section 83 of the Local Government Act 2002. The territorial authority must tell certain groups about the proposed policy, including corporate societies that hold a class 4 venue licence and organisations that represent Māori in the area.

If a territorial authority wants to change or replace a policy, it must follow the same special process. The territorial authority must also give a copy of the policy to the Secretary as soon as possible after it is made or changed.

A territorial authority must review its policy every three years. When reviewing its policy, the territorial authority may consider including a relocation policy, which is defined in section 101(5). The territorial authority must think about how gambling affects communities with high deprivation when deciding whether to include a relocation policy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208661.


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

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


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

102Adoption and review of class 4 venue policy

  1. A policy on class 4 venues under section 101 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 and, for the purpose of subsection (1)(e) of that section, the territorial authority must give notice of the proposed policy, in a manner that the territorial authority considers appropriate, to—

  2. each corporate society that holds a class 4 venue licence for a venue in the territorial authority district; and
    1. organisations representing Māori in the territorial authority district.
      1. A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

      2. Subsection (1)(b) does not affect the ability of a territorial authority to take similar action in respect of any other population group.

      3. A territorial authority must, as soon as practicable after adopting, amending, or replacing a policy, provide a copy of the policy to the Secretary.

      4. A territorial authority must complete a review of a policy within 3 years after the policy is adopted and then within 3 years after that review and each subsequent review is completed.

      5. The first time that a territorial authority commences a review of a policy after the Gambling (Gambling Harm Reduction) Amendment Act 2013 comes into force, the territorial authority must (and may at any other time) consider whether to include a relocation policy (as defined in section 101(5)) in its class 4 venue policy.

      6. Whenever a territorial authority is considering whether to include a relocation policy in its class 4 venue policy, it must consider the social impact of gambling in high-deprivation communities within its district.

      7. A policy does not cease to have effect because it is due for review or being reviewed.

      Notes
      • Section 102(1)(a): amended, on , by section 58 of the Gambling Amendment Act 2015 (2015 No 3).
      • Section 102(5A): inserted, on , by section 11 of the Gambling (Gambling Harm Reduction) Amendment Act 2013 (2013 No 71).
      • Section 102(5B): inserted, on , by section 11 of the Gambling (Gambling Harm Reduction) Amendment Act 2013 (2013 No 71).