Gambling Act 2003

Gambling - Licensed promoters of class 3 gambling - Bond

199: Consideration and payment of claims

You could also call this:

"How claims are checked and paid out under the Gambling Act 2003"

Illustration for Gambling Act 2003

When you make a claim under section 198(3) of the Gambling Act 2003, the administrator must investigate if your claim is justified. They will also negotiate with you about the amount of your claim and any interest you might be owed. The administrator will decide if your claim is accepted and how much you will get, and their decision is final.

The administrator will use the bond money to pay their own fees and expenses first. Then they will use the bond money to pay people whose claims have been accepted. If there is any money left over, it will go to the approved surety.

If the total claims are more than the bond amount, the administrator will pay each person a proportion of the bond amount based on their claim. The administrator cannot pay a claim until six months after the second notice required under section 198 is given. You can find more information about this in section 198 and section 198(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM209382.


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Part 2Gambling
Licensed promoters of class 3 gambling: Bond

199Consideration and payment of claims

  1. The administrator must—

  2. investigate whether a claim made under section 198(3) is justified; and
    1. negotiate the amount of a claim with the claimant; and
      1. negotiate any claims for interest and, if interest is payable, the rate of interest.
        1. The administrator’s decision on whether or not to accept a claim, and the amount of the claim, is final.

        2. The administrator must apply the bond as follows:

        3. first, to pay the administrator’s fees and expenses incurred in administering the bond:
          1. second, to pay compensation to persons whose claims have been accepted by the administrator under subsection (2):
            1. third, to pay to the approved surety any surplus after the amounts specified in paragraphs (a) and (b) have been satisfied.
              1. If the total claims accepted by an administrator exceed the bond amount paid by an approved surety, the administrator must (after deducting the administrator’s fees and expenses) pay each person whose claim has been accepted the proportion of the bond amount that the person’s claim bears to the total claims accepted.

              2. The administrator must not pay a claim until 6 months after the second notice required under section 198 is given.

              Compare
              • 1977 No 84 s 41(7)–(9)