301Age restriction on instant games and similar games

1. Every person under 18 years commits an offence who purchases, or attempts to purchase, a ticket in the following games, either on the person’s own behalf or on behalf of any other person:

2. an instant game that is a New Zealand lottery:
3. a New Zealand lottery that is highly repetitive or frequently drawn:
4. any other similar game run by the Lotteries Commission and that is declared by the Minister, by notice, to be subject to this section.

5. Every person commits an offence who purchases, or attempts to purchase, a ticket in a game listed in subsection (1) on behalf of a person under 18 years.

6. Every person commits an offence who—

7. sells, or offers to sell, a ticket in a game listed in subsection (1) to a person under 18 years, whether the ticket is purchased or intended to be purchased for that person or for any other person; or
8. provides credit to a person under 18 years to enable that person to purchase a ticket.

9. It is a defence to a charge under subsection (2) or subsection (3) if the defendant proves that the defendant had reasonable grounds to believe that the person to whom the charge relates was 18 years or over.

10. Without limiting subsection (4), reasonable grounds exist for the purposes of that subsection if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

11. Every person who commits an offence—

12. against subsection (1) is liable on conviction to a fine not exceeding $500:
13. against subsection (2) or subsection (3) is liable on conviction to a fine not exceeding $1,000.

14. A notice under subsection (1)(c) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).