Plain language law

New Zealand law explained for everyone

Gambling Act 2003

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

312: Offences relating to breach of exclusion order

You could also call this:

"Breaking a rule to stay out of a gambling area is against the law"

Illustration for Gambling Act 2003

If you enter a gambling area when you are not allowed to, you commit an offence. This can happen if you breach an exclusion order issued under section 309(3) or section 310(1), or if you breach a condition of re-entry imposed under section 309(4) or section 310(2). You can be fined up to $500 if you do this.

If a venue manager or casino operator knows someone is a problem gambler and has asked to be excluded, they must issue an exclusion order. If they do not, they commit an offence. They also commit an offence if they let someone who is excluded enter the gambling area, or if they do not remove someone who has entered when they are not allowed to.

Venue managers or casino operators can defend themselves against a charge if they can prove they had procedures in place to prevent excluded people from entering, they thought these procedures would work, and they took all reasonable steps to make sure the procedures were followed. If you commit an offence against the rules for venue managers or casino operators, you can be fined up to $5,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM210248.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
Previous

311: Requirement to remove person who enters gambling venue in breach of exclusion order, or

"Remove someone from a gambling venue if they're not allowed to be there"

Next

312A: Duty to keep record of excluded persons, or

"Keep a list of people banned from your gambling venue"

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

312Offences relating to breach of exclusion order

  1. Every person commits an offence who enters the gambling area of a class 4 venue or casino venue—

  2. in breach of an exclusion order issued under section 309(3) or 310(1); or
    1. in breach of a condition of re-entry imposed under section 309(4) or 310(2).

      1. Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who, after having received a request under section 310(1) that includes the information specified in section 310(1A), fails to issue an exclusion order to a self-identified problem gambler.

      2. Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who—

      3. allows a person who is subject to an exclusion order under section 310(1) to enter the gambling area of a class 4 venue or casino venue; or
        1. fails to remove a person who has entered those areas—
          1. in breach of an exclusion order issued under section 310(1); or
            1. in breach of a condition of re-entry imposed under section 310(2).

            2. It is a defence to a charge under subsection (3) if the defendant proves that—

            3. there were procedures in place at the venue to prevent a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and
              1. the defendant had reasonable grounds to believe that those procedures would be effective in preventing a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and
                1. despite the breach of subsection (3), the defendant took all reasonable steps to ensure that those procedures were complied with.

                  1. Every person who commits an offence—

                  2. against subsection (1) is liable on conviction to a fine not exceeding $500:
                    1. against subsection (2) or (3) is liable on conviction to a fine not exceeding $5,000.

                      Notes
                      • Section 312: replaced, on , by section 102 of the Gambling Amendment Act 2015 (2015 No 3).