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Gambling Act 2003

Gambling - Licensed promoters of class 3 gambling - Grant of licensed promoter’s licence

201: Grounds for granting licensed promoter’s licence

You could also call this:

"When can you get a licence to run a gambling event?"

The Secretary will only give you a licensed promoter's licence if they think you are suitable and will follow all the rules. To decide if you are suitable, the Secretary can look at things like whether you or a key person has been in trouble with the law in the last 7 years. They can also check if you have been in trouble with other laws, like the Companies Act 1993 or the Insolvency Act 2006.

The Secretary can investigate your past to see if you have done what you were supposed to do under this Act, the Racing Industry Act 2020, or other gaming Acts. They can also look at your money situation and credit history. If the Secretary thinks something similar happened outside New Zealand, they can consider that too.

If the Secretary does not want to give you a licence, it might be because they do not approve of the person you chose to be your surety, or because you did not give them the information they needed. The Secretary must tell you why they made this decision and explain how you can appeal it, using the process in section 209.

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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=DLM209385.

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Part 2Gambling
Licensed promoters of class 3 gambling: Grant of licensed promoter’s licence

201Grounds for granting licensed promoter’s licence

  1. The Secretary must refuse to grant a licensed promoter’s licence unless the Secretary is satisfied that the applicant is suitable and will comply with all relevant requirements of this Act.

  2. In determining whether an applicant is suitable for a licensed promoter's licence, the Secretary may investigate and take into account the following things:

  3. whether the applicant or a key person has, within the last 7 years,—
    1. been convicted of a relevant offence:
      1. held, or been a key person in relation to, a licence under this Act or previous gaming Acts that has been cancelled, or suspended, or for which an application for renewal has been refused:
        1. been placed in receivership, gone into liquidation, or been adjudged bankrupt:
          1. been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
            1. been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
              1. been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:
              2. the profile of past compliance by the applicant and each key person with—
                1. this Act, minimum standards, game rules, Gazette notices, and licence conditions; and
                  1. the Racing Industry Act 2020 or the previous racing Acts (and any rules of racing made under any of those Acts); and
                    1. previous gaming Acts, and regulations made under previous gaming Acts; and
                      1. a licence or a site approval issued under a previous gaming Act; and
                      2. the financial position and credit history of the applicant and each key person.

                        1. The Secretary may take into account matters of a similar nature to those listed in subsection (2) that occurred outside New Zealand.

                        2. The Secretary must refuse to grant an application for a licensed promoter’s licence if—

                        3. the Secretary refuses to approve a person nominated as a surety under section 195(3); or
                          1. the applicant refuses to provide the information required by the Secretary under section 200(2)(a).

                            1. If the Secretary decides to refuse to grant a licensed promoter’s licence, the Secretary must notify the applicant of—

                            2. the reason for the decision; and
                              1. the right to appeal the decision; and
                                1. the process to be followed for an appeal under section 209.

                                  Notes
                                  • Section 201(1): amended, on , by section 83(1) of the Gambling Amendment Act 2015 (2015 No 3).
                                  • Section 201(2): replaced, on , by section 83(2) of the Gambling Amendment Act 2015 (2015 No 3).
                                  • Section 201(2)(b)(ii): amended, on , by section 129 of the Racing Industry Act 2020 (2020 No 28).