Gambling Act 2003

Harm prevention and minimisation, enforcement, and other matters - Age restriction on certain gambling

302: Age restriction on class 4 gambling

You could also call this:

"No gambling for people under 18 years old"

Illustration for Gambling Act 2003

If you are under 18 years old, you commit an offence if you take part in class 4 gambling. A corporate society also commits an offence if it lets someone under 18 years old take part in class 4 gambling at one of its venues. The venue manager or key person commits an offence if they let someone under 18 years old take part in class 4 gambling at their venue.

It is a defence for a corporate society if it can prove it did not know about the offence and had good procedures in place to stop people under 18 years old from taking part in class 4 gambling. It is a defence for a venue manager or key person if they can prove they thought the person was 18 years or older. They can prove this if they saw an evidence of age document that showed the person was 18 years or older.

If you commit an offence, you can get a fine - $500 if you are under 18 years old and took part in class 4 gambling, up to $5,000 if you are a corporate society that let someone under 18 years old take part, and up to $1,000 if you are a venue manager or key person who let someone under 18 years old take part.

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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=DLM210236.


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Part 4Harm prevention and minimisation, enforcement, and other matters
Age restriction on certain gambling

302Age restriction on class 4 gambling

  1. Every person under 18 years commits an offence who participates in class 4 gambling.

  2. Every corporate society commits an offence that allows a person under 18 years to participate in class 4 gambling at a venue for which it holds a class 4 venue licence.

  3. Every venue manager or person who is a key person at a class 4 venue commits an offence who allows a person under 18 years to participate in class 4 gambling at the venue where the manager or person is employed.

  4. It is a defence to a charge under subsection (2) if the defendant proves that—

  5. the offence was committed without the knowledge of the defendant; and
    1. the defendant had reasonable grounds to believe that there were effective procedures operating to minimise the possibility of a person under 18 years participating in class 4 gambling.
      1. It is a defence to a charge under 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.

      2. Without limiting subsection (5), 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.

      3. Every person who commits an offence—

      4. against subsection (1) is liable on conviction to a fine not exceeding $500:
        1. against subsection (2) is liable on conviction to a fine not exceeding $5,000:
          1. against subsection (3) is liable on conviction to a fine not exceeding $1,000.
            Notes
            • Section 302(5): amended, on , by section 96 of the Gambling Amendment Act 2015 (2015 No 3).
            • Section 302(6): amended, on , by section 96 of the Gambling Amendment Act 2015 (2015 No 3).
            • Section 302(7)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 302(7)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 302(7)(c): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).