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Gambling Act 2003

Institutions - Gambling Commission

235: Appeals

You could also call this:

"Challenging a Gambling Commission decision: how to appeal"

Illustration for Gambling Act 2003

If you are affected by a decision made by the Gambling Commission under certain parts of the law, such as those outlined in section 224(1)(a) to (f), you can appeal to the High Court. The High Court can then look at the matter again and decide to confirm, modify, or reverse the decision made by the Gambling Commission. You can also ask the High Court to tell the Gambling Commission to reconsider their decision.

If you are not happy with the High Court's decision, you can appeal to the Court of Appeal, but only if you are arguing about a point of law and you have the Court of Appeal's permission. You must make your appeal within 15 working days of the date you were told about the decision, or a longer time if the court allows it.

If you have a casino licence, it will stay in force until all appeals are finished or the time to appeal runs out, unless it expires or you give it up. However, if the decision was made under different parts of the law, such as those outlined in section 224(1)(g) to (q), you cannot appeal to a court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM209727.

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Money and consumer rights > GamblingCrime and justice > Courts and legal help
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"Rules for the Gambling Commission are outlined in Schedule 3"

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Part 3Institutions
Gambling Commission

235Appeals

  1. A person affected by a decision of the Gambling Commission in performing any of the functions in section 224(1)(a) to (f) may appeal that decision to the High Court.

  2. The High Court may reconsider afresh a matter that comes to it on appeal and may confirm, modify, or reverse a decision of the Gambling Commission or may direct the Gambling Commission to reconsider a decision.

  3. A person may appeal a decision of the High Court made on appeal under subsection (1) to the Court of Appeal—

  4. on a point of law only; and
    1. with the leave of the Court of Appeal.

      1. An appeal under subsection (1) or subsection (3) must be made within 15 working days of the date of the notice of the Gambling Commission’s decision or the date of the High Court decision (as the case may be), or any longer period that the High Court or the Court of Appeal may allow.

      2. To avoid doubt, a casino licence remains in force (unless it expires or is surrendered) until all appeals are decided, or the period for appeal expires.

      3. There is no appeal to a court against a decision of the Gambling Commission in performing the functions in section 224(1)(g) to (q).

      Notes
      • Section 235(4): amended, on , by section 90(1) of the Gambling Amendment Act 2015 (2015 No 3).
      • Section 235(4A): inserted, on , by section 90(2) of the Gambling Amendment Act 2015 (2015 No 3).