Gambling Act 2003

Gambling - Licensing of casino gambling - Certificates of approval

171: Appeal to Gambling Commission regarding certificate of approval

You could also call this:

"Appealing a decision about your gambling certificate to the Gambling Commission"

If you are unhappy with a decision made by the Secretary about your certificate of approval, you can appeal to the Gambling Commission. You can appeal if the Secretary refuses to give you a certificate of approval or if they suspend or cancel a certificate you already have. You must make your appeal in writing within 15 working days of being told about the Secretary's decision.

The Gambling Commission can ask you or the Secretary for more information to help them make a decision about your appeal. They do not have to follow a formal process or hold a hearing to make their decision. They must think about any information you or the Secretary give them.

The Gambling Commission can decide to agree with the Secretary's decision, change it, or reverse it. They can also send the matter back to the Secretary and tell them to think about it again. The Gambling Commission must tell you and the Secretary what they decide and why they made that decision.

Your certificate of approval stays the same until the time to appeal runs out or until the Gambling Commission makes a decision about your appeal if you are appealing a suspension or cancellation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM209349.


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Part 2Gambling
Licensing of casino gambling: Certificates of approval

171Appeal to Gambling Commission regarding certificate of approval

  1. A person may appeal to the Gambling Commission against a decision of the Secretary to—

  2. refuse to grant a certificate of approval to the person; or
    1. suspend or cancel a certificate of approval held by the person.
      1. An appeal must be in writing and must be made within 15 working days after the date of notice of the Secretary’s decision, or any longer time that the Gambling Commission allows if an application for an extension is made within the 15-day period.

      2. The Gambling Commission—

      3. may request any information from the person or the Secretary; and
        1. is not bound to follow any formal procedure; and
          1. does not need to hold a hearing; and
            1. must consider any information provided by the person or Secretary.
              1. The Gambling Commission may—

              2. confirm, vary, or reverse the decision of the Secretary; or
                1. refer the matter back to the Secretary with directions to reconsider the decision.
                  1. The Gambling Commission must give notice of its decision, with reasons, to both the person and the Secretary.

                  2. A certificate of approval remains unchanged until the period for appeal in subsection (2) expires, or pending the outcome of an appeal if the appellant appeals a suspension or cancellation under subsection (1)(b).

                  Compare
                  • 1990 No 62 s 99