5Interpretation

1. In this Act, unless the context otherwise requires,—

   approved evidence of age document has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

   assets—

   1. means any real or personal property of any kind, whether or not subject to rights; and
   2. includes (without limitation)—
      1. any estate or interest in any land, including all rights of occupation of land or buildings:
      2. all buildings, vehicles, plant, equipment, and machinery, and any rights relating to those things:
      3. all financial products within the meaning of the Financial Markets Conduct Act 2013:
      4. all rights of any kind, including rights under an Act or agreement, and all applications for and objections against applications for such rights:
      5. goodwill, and any business undertaking:
      6. all patents, designs, copyright, know-how, trade secrets, trade marks, service marks, and other intellectual or industrial property rights of any kind, and any rights relating to those things, whether enforceable by Act or rule of law

   bet—

   1. means a bet made with TAB NZ (whether directly or through a racing club or other agent) or a racing club conducting equalisator betting; but
   2. in subpart 1 of Part 5, has the meaning given in section 105

   betting—

   1. means racing betting, sports betting, or other racing or sports betting conducted by TAB NZ under this Act; and
   2. includes (without limitation) selections made by, with the assistance of, or by means of, computer equipment, a telephone betting account, or any other financial facility, or a combination of those things

   betting licence means a licence issued by TAB NZ to a racing club that authorises the club to hold betting races on a specified date

   betting race means a race in respect of which racing betting may occur

   betting rules means racing betting rules, sports betting rules, or other racing or sports betting rules made by TAB NZ under subpart 1 of Part 4

   chairperson, in relation to a racing code, includes a president of the code and any other person acting in a similar capacity

   chief executive, except in clauses 26 and 27 of Schedule 3, means the chief executive of the department for the time being responsible for the administration of this Act

   constitution, in relation to a racing code or racing club, means the rules or other constitutional document of the code or club

   dates committee means the committee established by TAB NZ under section 66(2)

   Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   equalisator betting means a form of betting in which a number of persons bet on the outcome of a race (or races) and in which the sum of the contributors’ bets, except for the deductions that are required to, or may, be made under this Act, is paid to the persons who, as a result of a ballot held after the close of betting and before the start of each race, draw the horses or greyhounds that subsequently fill dividend-bearing places in that race

   exchange betting means peer-to-peer betting through a facility or a platform under which offers to bet on a particular selection are matched with offers to lay against the same selection, with the result that bets are made between those offering to bet on the selection and those offering to lay against the same selection

   expenses includes costs and charges

   galloping race—

   1. means a horse race in which each competing horse normally moves at a gait commonly known as galloping; and
   2. includes a race in which each competing horse has to jump a series of hurdles or fences or other obstacles

   Gambling Commission means the Commission established by section 220 of the Gambling Act 2003

   governing body, in relation to TAB NZ, means the governing body appointed under section 55

   greyhound race means a competitive pursuit of a lure by 2 or more greyhounds

   harm has the same meaning as in section 4(1) of the Gambling Act 2003

   harness race means a horse race in which each competing horse normally moves at a gait commonly known as pacing or trotting

   hunt club means a club, association, or other body of persons (whether incorporated or not) that—

   1. is established for the purpose of promoting and conducting the sport of hunting, but that also conducts hunt race meetings; and
   2. is registered with a racing code in accordance with the constitution of that code

   liabilities includes—

   1. liabilities and obligations under any Act or agreement; and
   2. deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and
   3. contingent liabilities

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   New Zealand national sporting organisation means an organisation that meets the criteria laid down by Sport and Recreation New Zealand for receiving financial support from that agency, whether or not the organisation actually receives the support

   other racing or sports betting—

   1. means any type of betting on races or sporting events that is not racing betting or sports betting; and
   2. includes exchange betting and spread betting

   participant—

   1. means a person registered with a racing code; and
   2. includes (without limitation)—
      1. a trainer, jockey, driver, stablehand, or a person working at a greyhounds kennel:
      2. a breeder of thoroughbreds, standardbred horses, or greyhounds:
      3. an owner (or part-owner), leasor (or part-leasor) of a thoroughbred, standardbred horse, or greyhound owned or leased with the intention of entering a race:
      4. a person who otherwise deals with animals used for thoroughbred racing, harness racing, or greyhound racing:
      5. a member of a racing club:
      6. any other person to whom relevant racing rules apply

   partnering arrangement means an arrangement entered into by TAB NZ and another person that provides for a substantial proportion of any 1 or more of TAB NZ’s functions relating to conducting betting, broadcasting, or gaming to be carried out by that person

   problem gambler has the same meaning as in section 4(1) of the Gambling Act 2003

   race means a galloping race, harness race, or greyhound race

   race meeting means a meeting held on a day for the purpose of conducting races and for which a betting licence has been granted

   racecourse means land and premises used for race meetings

   racing betting—

   1. means the types of betting (including totalisator racing betting, equalisator betting, and fixed-odds betting) conducted by, or on behalf of, TAB NZ on any race (or races) run at 1 or more racecourses within or outside New Zealand, or both, or on any contingency arising from a sequence of races, and whether the betting takes place on or off a racecourse and within or outside New Zealand; but
   2. does not include exchange betting or spread betting

   racing betting rules means rules relating to racing betting made under section 76

   racing calendar means the racing calendar determined for a racing year under section 66(4)(a)

   racing club or club—

   1. means any club, association, or other body of persons (whether incorporated or not) that is established for the purpose of promoting, conducting, and controlling races and that is or was registered with a racing code in accordance with the constitution of that code; and
   2. includes a hunt club

   racing code or code means each of the following:

   1. New Zealand Thoroughbred Racing Incorporated:
   2. Harness Racing New Zealand Incorporated:
   3. New Zealand Greyhound Racing Association Incorporated

   racing rules, in relation to a racing code, means rules made by the code for the purposes of section 37 together with any amendments made under section 38

   racing venue—

   1. means any land or buildings owned by a racing club and used (or previously used) by the club for promoting, conducting, or controlling race meetings; and
   2. includes a racecourse and any associated land or buildings (for example, race stands, club rooms, or car parks)

   racing year means a period of 12 months ending on 31 July

   recognised industry organisation means,—

   1. in relation to galloping races,—
      1. New Zealand Thoroughbred Racing Incorporated; and
      2. New Zealand Racehorse Owners Federation Incorporated; and
      3. New Zealand Thoroughbred Breeders Association Incorporated; and
      4. New Zealand Trainers Association; and
      5. New Zealand Jockeys’ Association; and
      6. every racing club registered with New Zealand Thoroughbred Racing Incorporated:
   2. in relation to harness races,—
      1. Harness Racing New Zealand Incorporated; and
      2. N.Z. Standardbred Breeders’ Association Incorporated; and
      3. New Zealand Trotting Owners Association Incorporated; and
      4. New Zealand Harness Racing Trainers and Drivers Association Incorporated; and
      5. every racing club registered with Harness Racing New Zealand Incorporated:
   3. in relation to greyhound races,—
      1. the New Zealand Greyhound Racing Association Incorporated; and
      2. every racing club registered with the New Zealand Greyhound Racing Association Incorporated

   Registrar means the Registrar of Incorporated Societies appointed under section 32 of the Incorporated Societies Act 1908

   Registrar-General means the Registrar-General of Land appointed under section 231 of the Land Transfer Act 2017

   rights includes (without limitation) powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective

   selection panel means the panel established under section 56

   small racing club means a racing club that holds 3 or fewer betting licences in a racing year

   sporting event means any lawful organised game, competition, or other event involving human competitors, held in or outside New Zealand, to which one of the following applies:

   1. a New Zealand national sporting organisation administers the sport concerned in New Zealand:
   2. there is a New Zealand national sporting organisation under whose auspices or control the event is conducted (or, in the case of an event held outside New Zealand, under whose auspices or control the event would be conducted if it were held in New Zealand):
   3. there is an agreement in accordance with section 80(2) and (3) between TAB NZ and Sport and Recreation New Zealand that relates to the sport concerned

   sports betting—

   1. means the types of betting (including totalisator betting and fixed-odds betting) conducted by, or on behalf of, TAB NZ on any sporting event (or events) held within or outside New Zealand, or on any contingency arising from a sequence of sporting events, whether held within or outside New Zealand, or both, and whether the betting takes place at the event or not and within or outside New Zealand; but
   2. does not include exchange betting or spread betting

   spread betting means a form of betting in which a person’s winnings or losses are unfixed and are determined by the outcome of a race or sporting event, a contingency arising from a race or sporting event, or a sequence of races or sporting events

   TAB New Zealand or TAB NZ means the body established by section 54 to conduct racing betting, sports betting, or other racing or sports betting under this Act

   TAB NZ member means a member of the governing body of TAB NZ

   TAB operator means a person supervising a TAB venue

   TAB venue means premises owned or leased by TAB NZ and where the main business carried on at the premises is providing racing betting, sports betting, or other racing or sports betting services under this Act

   territorial authority—

   1. has the same meaning as in section 5(1) of the Local Government Act 2002; but
   2. does not include the Minister of the Crown who is, for the time being, responsible for that Act

   territorial authority consent means consent granted by a territorial authority under section 95

   territorial authority district means a district in respect of which a territorial authority is constituted

   totalisator racing betting means a form of betting in which—

   1. bets are made by means of a totalisator on horses or greyhounds competing in 1 or more races; and
   2. the dividends payable are determined in the manner prescribed by the relevant racing betting rules.

2. A reference in this Act to a named body is a reference to the body in existence with that name immediately before the commencement of section 2(1), whether or not the body subsequently changes its name, and nothing in this Act prevents the body from changing its name.

3. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend the definition of recognised industry organisation in subsection (1) by—

4. adding the name of an organisation to it; or
5. omitting the name of an organisation from it; or
6. replacing the name of an organisation with any different name.

7. An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare

• 2003 No 3 s 5

Notes

• Section 5(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).