Gambling Act 2003

Gambling - Licensing of class 4 gambling - Particular limits on numbers of gaming machines

97A: Effect of relocation

You could also call this:

"What happens when a gambling venue moves to a new location"

When a territorial authority moves a venue to a new place, you need to know what happens. The authority must have a relocation policy, as defined in section 101(5), and grant consent for the new venue. A new class 4 venue licence is also granted for the new venue.

If this happens, the Secretary must cancel the old venue's licence when the new one starts. You cannot appeal this cancellation, and the new venue can have the same number of gaming machines as the old one. For the purposes of the Act, the new venue is treated the same as the old one, and the old venue is treated as if it never had a licence, which means consent will be required if a new licence is applied for, as stated in section 98, and it must follow section 92 if the old venue did.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5628605.


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97: Power to issue, renew, or amend class 4 licence may be overridden, or

"Someone else can stop the Secretary from giving or changing a class 4 gambling licence"


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98: When territorial authority consent required, or

"When you need permission from the local council to make changes to a gambling venue"

Part 2Gambling
Licensing of class 4 gambling: Particular limits on numbers of gaming machines

97AEffect of relocation

  1. This section applies when—

  2. a territorial authority has adopted a relocation policy (as defined in section 101(5)); and
    1. in accordance with that policy, the territorial authority grants consent in respect of a venue (the new venue) to replace an existing venue (the old venue); and
      1. a new class 4 venue licence is granted in respect of the new venue.
        1. When this section applies,—

        2. the Secretary must cancel the class 4 venue licence that relates to the old venue, in which case—
          1. the cancellation takes effect on the date on which the new class 4 venue licence takes effect; and
            1. there is no right of appeal against the cancellation; and
            2. despite section 100(1)(b)(i), the maximum number of gaming machines permitted to operate at the new venue at the time when the new class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled; and
              1. for the purposes of this Act,—
                1. if the old venue was a venue to which section 92 applied, the new venue must be treated as a venue to which section 92 applies; and
                  1. the old venue must be treated as if no class 4 venue licence had ever been held by any society for that venue (which means that, under section 98, consent will be required for that venue if a class 4 venue licence is subsequently applied for in relation to it).
                  Notes
                  • Section 97A: inserted, on , by section 7 of the Gambling (Gambling Harm Reduction) Amendment Act 2013 (2013 No 71).