Gambling Act 2003

Harm prevention and minimisation, enforcement, and other matters - Admission to venues

309: Exclusion order may be issued to problem gambler identified under section 308

You could also call this:

"Help for problem gamblers: venues can stop you from gambling if they think it's hurting you"

If you are identified as a problem gambler under section 308(4), the person in charge of the venue or someone acting for them must talk to you. They have to give you information or advice about problem gambling. This information includes how you can stop yourself from gambling at the venue, which is called a self-exclusion procedure, and is explained in section 310.

The person in charge can also tell you about other procedures that are decided by regulations made under section 316. After talking to you, the person in charge can stop you from entering the gambling area for up to 2 years. If this happens, they might require you to do something during that time, as decided by regulations made under section 316(1)(e), before you can come back to the venue.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210245.

Topics:

Money and consumer rights > GamblingHealth and wellbeing > Mental health

308: Requirement to develop policy for identifying problem gamblers, or

"Gambling venues must have a plan to help people with gambling problems"

309A: Duty to assist problem gambler if ongoing concern exists, or

"Helping problem gamblers is your duty if you work in a gambling venue and think someone needs assistance."

Part 4Harm prevention and minimisation, enforcement, and other matters
Admission to venues

309Exclusion order may be issued to problem gambler identified under section 308

The venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must, after identifying a person under section 308(4) who he, she, or it has reasonable grounds to believe is a problem gambler, approach the person and offer information or advice to the person about problem gambling.
The information or advice offered under subsection (1) must include a description of—
the self-exclusion procedure available under section 310; and
any procedures prescribed by regulations made under section 316.

A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may, after offering advice or information to a person under subsection (1), issue an exclusion order to the person that prohibits the person from entering the gambling area of the class 4 venue or casino venue (as the case may be) for a period of up to 2 years.
If an exclusion order is issued under this section, the venue manager or holder of the casino operator’s licence, or a person acting on behalf of either of those persons, may require the person to whom it is issued, as a condition of re-entry, to participate, during the period of exclusion, in a procedure prescribed by regulations made under section 316(1)(e).

Notes

Section 309(1): amended, on 3 March 2015, by section 99(1) of the Gambling Amendment Act 2015 (2015 No 3).
Section 309(3): amended, on 3 March 2015, by section 99(2) of the Gambling Amendment Act 2015 (2015 No 3).
Section 309(4): amended, on 3 March 2015, by section 99(2) of the Gambling Amendment Act 2015 (2015 No 3).