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Gambling Act 2003

Harm prevention and minimisation, enforcement, and other matters - Proceedings, evidence, etc - Evidence

361: Evidence of gambling

You could also call this:

"Having gambling gear can be proof of illegal gambling unless you can prove it's not being used for that"

Illustration for Gambling Act 2003

If you have gambling equipment at your place, it can be proof that you were doing illegal gambling, unless you can show that this is not true. This is because of a law that says you cannot do certain types of gambling, which is stated in section 19(1). If someone is accused of doing illegal gambling, the police do not need to prove that the person was actually using the equipment when a gambling inspector or police officer was there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210720.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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Part 4Harm prevention and minimisation, enforcement, and other matters
Proceedings, evidence, etc: Evidence

361Evidence of gambling

  1. The presence of gambling equipment at a place is, in the absence of evidence to the contrary, sufficient proof that the owner or occupier of the place was conducting illegal gambling in contravention of section 19(1).

  2. In proceedings for an illegal gambling offence, it is not necessary for the prosecution to prove—

  3. that the person actually used the gambling equipment in the presence of a gambling inspector or a constable; or
    1. that the person found using the gambling equipment had paid for the right to participate.

      Compare
      • 1977 No 84 s 121
      Notes
      • Section 361(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).