Gambling Act 2003

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

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

You could also call this:

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

Illustration for Gambling Act 2003

If you work at a place where people gamble, you must help someone who might have a problem with gambling. You have to take reasonable steps to assist them if you have already talked to them about problem gambling under section 309(1). You also need to help if they have not asked to be stopped from gambling under section 310(1) and you still think they have a problem because of their behaviour.

You can help the person by giving them an exclusion order under section 309(3) if that is appropriate. This means you would stop them from gambling at your venue. You must do this if you still have good reasons to believe they are a problem gambler after talking to them.

You have to make sure you are helping the person in a way that is reasonable and fair. This is your duty if you are a venue manager, a casino operator, or someone acting on their behalf. You must take all reasonable steps to assist the person and make sure they get the help they need.

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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=DLM6400239.


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

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


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310: Exclusion order must be issued to self-identified problem gambler, or

"Help for problem gamblers: venues must ban you if you ask them to"

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

309ADuty to assist problem gambler if ongoing concern exists

  1. A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to assist a person including, if appropriate, issuing the person with an exclusion order under section 309(3) if—

  2. the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, has already approached the person and provided information or advice to the person about problem gambling under section 309(1); and
    1. the person has not requested that he or she be issued with an exclusion order under section 310(1) (which relates to the exclusion of a self-identified problem gambler); and
      1. the person’s ongoing gambling or other behaviour at the venue means that the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, still has reasonable grounds to believe that the person is a problem gambler.
        Notes
        • Section 309A: inserted, on , by section 100 of the Gambling Amendment Act 2015 (2015 No 3).