Latest articles
Department of Internal Affairs Gambling Prosecution Unsuccessful
Thursday, 22 March, 2012
Author: Karen Shaw
In the case Department of Internal Affairs v Coffey DC Auckland CRN 110778500041, 2 March 2012 the Auckland District Court dismissed two charges brought against Mr Coffey under section 118 of the Gambling Act 2003. The decision emphasises the two-staged inquiry under section 118. For an offence to be committed a key person must not knowingly offer money, a benefit, an advantage, a privilege or a gift to certain persons and he or she must also know that the receipt has a condition attached to it.
Gambling Commission rules on disclosure request made by gaming society
Friday, 2 March, 2012
Author: Jarrod True
On 1 February 2012, the Gambling Commission released a decision on an application by First Sovereign Trust for particular discovery from the Department of Internal Affairs. The Commission ultimately decided that it required more information to determine whether or not the material was relevant and whether it would require it to be disclosed. However, the Commission felt it was within its powers to seek that further information and clarification. It relied on the Gambling Act 2003 and Commissions of Inquiry Act 1908 as the source of its powers and said its powers were not limited by the Official Information Act 1982. The Commission also said it was unnecessary for it to consider the High Court rules.
Gaming machine society overturns licence suspension decision
Thursday, 1 March, 2012
Author: Karen Shaw
On 1 February 2012 the Gambling Commission released its decision on the Blue Waters Community Trust’s appeal against a three day operator’s licence suspension. The Trust’s appeal resulted in its suspension being reduced to one day. The Gambling Commission’s decision was robust in its criticism of the Department of Internal Affairs’ approach to calculating the period of suspension which it said had a number of “serious conceptual deficiencies”.
Enforceability of oversees gambling debts in New Zealand
Monday, 14 November, 2011
Author: Jarrod True
In New Zealand gambling is governed by the Racing Act 2003 and the Gambling Act 2003. Gambling is prohibited in New Zealand and illegal unless it is authorised by either of those acts or it amounts to private gambling. Section 9 of the Gambling Act expressly prohibits remote interactive gambling. Remote interactive gambling is gambling at a distance by interaction through a communication device, for example, online gambling.
When does a betting website not involve gambling?
Tuesday, 1 November, 2011
Author: Karen Shaw
Karen’s article discusses how the iPredict website that allows participants to place a bet on the outcome of the election is not “gambling” and is therefore legal in New Zealand.
Gambling Equipment Costs – Do the Costs Meet the Actual, Reasonable and Necessary Test?
Friday, 14 October, 2011
Author: Jarrod True
Jarrod’s article discusses the legal obligation on society managers and club managers to ensure that gambling equipment costs are reasonable and notes that the consequences of failing to obtain evidence of fair market value and robust performance data could be dire.
Clubs With Gaming Machines – Rules Relaxed Following Gambling Commission Challenge
Monday, 26 September, 2011
Author: Jarrod True
Jarrod’s article discusses the recent success clubs have had challenging the previous universal requirement upon clubs to return 37.12% of their gaming machine proceeds to authorised purposes.
Introducing the New Zealand Gambling Law Guide
Thursday, 5 May, 2011
Author: Jarrod True
The New Zealand Gambling Law Guide is a response to the number one frustration that our clients face. Societies want to operate “competitively” but also compliantly. When a proposed course of action is considered, the Department will typically refuse to comment on the proposal, but review the actions of the...
