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Gambling Act 2003

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

363: Forfeiture

You could also call this:

"When you break a gambling rule, the court can take away things you used to break it."

Illustration for Gambling Act 2003

If you are found guilty of breaking a rule in the Gambling Act 2003, the court can order that things used to break the rule be taken away from you. The court can take equipment, documents, or money used to break the rule and give it to the government. You can find out more about what happens to things that are taken away in Section 199(4) to (6) of the Summary Proceedings Act 1957.

If the court orders that things be taken away, you must give them to the Secretary. The Secretary can then decide what to do with these things, such as destroying them or getting rid of them in some other way. If the court orders that money be taken away, it must be paid into a special government bank account.

The Secretary gets to decide what happens to the things that are taken away, like equipment or documents. The money that is taken away goes into a government bank account, which is called a Crown Bank Account. The court's decision about what to do with the things that are taken away follows the rules in the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210722.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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362: Evidence of bookmaking, or

"Proof that someone is doing illegal bookmaking can be a document or thing used for betting"

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"Telling someone something in writing, like sending a notice, must be done in a specific way."

Part 4Harm prevention and minimisation, enforcement, and other matters
Proceedings, evidence, etc: Evidence

363Forfeiture

  1. If a person is convicted of an offence against this Act, the court may, in addition to any other penalty that may be imposed, order that any equipment, thing, document, or money used in the commission of the offence be forfeited to the Crown.

  2. Section 199(4) to (6) of the Summary Proceedings Act 1957 applies with any necessary modifications to an order made under subsection (1).

  3. Subject to subsection (2),—

  4. all equipment, things, or documents forfeited to the Crown must be delivered to the Secretary, and may be destroyed or otherwise disposed of in the manner that the Secretary thinks fit:
    1. all money forfeited to the Crown must be paid into a Crown Bank Account.

      Compare
      • 1977 No 84 s 123
      • 1990 No 62 s 114
      Notes
      • Section 363(3)(b): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).