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Gambling Act 2003

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

305: Gambling operator must refuse to pay under-age person

You could also call this:

"Don't pay prizes to kids: gambling operators must not give money to under-age winners"

Illustration for Gambling Act 2003

If you are a gambling operator and you think someone is under-age, you must not pay them any money or prizes they have won. This rule is based on what is said in sections 301 to 303. You must make a decision if you have reasonable grounds to suspect the person is under-age. You will need to follow some steps if you do not pay the person.

If you do not pay someone because you think they are under-age, you must keep a record of their name and address, the amount of money or prize they won, and the date you withheld it. You must also tell the person that if they can prove their age within 7 days, they can have the money or prize. You need to advise them of this option.

If the person does not claim their money or prize within 7 days, it must be treated as money from class 4 gambling. This rule does not apply to some games if the winning ticket was bought before this rule started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210240.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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Part 4Harm prevention and minimisation, enforcement, and other matters
Age restriction on certain gambling

305Gambling operator must refuse to pay under-age person

  1. If a gambling operator under sections 301 to 303 has reasonable grounds to suspect that a person is under the age specified in those sections, the gambling operator must refuse to pay any money or prizes won by the person.

  2. If any money or prize is withheld under subsection (1), the gambling operator must—

  3. keep a record of—
    1. the name and address of the person who is suspected of being under-age; and
      1. the amount of money or the prize won by the person; and
        1. the date on which the money or prize was withheld; and
        2. advise the person that if he or she provides satisfactory verification of his or her age to the gambling operator within 7 days, the person may claim the money or prize withheld.

          1. Any money or prize from class 4 gambling that is not claimed under subsection (2)(b) within 7 days must be treated as if it were net proceeds of class 4 gambling.

          2. This section does not apply to any money or prize won in a New Zealand instant game if the winning ticket was purchased before the commencement of this section.