Gambling Venue Policy

Background
Waitakere context
Current policy

Background

Gambling Venue Policy The Gambling Act (previously the "Responsible Gambling Bill") became law on the 18 September 2003. The Act gives territorial authorities limited powers in relation to gambling in their district. The vast majority of powers concerning gambling remain with the Department of Internal Affairs (DIA). Only the DIA have the power to revoke class 4 operator licenses.

Under the Act, territorial authorities are required to adopt a policy on class 4 venues for their district. Class 4 venues are defined in the Gambling Act to include any activity that involves the use of a gaming machine outside a casino. Class 4 gaming may only be conducted by a corporate society and only to raise money for authorised (community) purposes.

Section 101(3) provides that a territorial authority's class 4 venue policy:

a) must specify whether or not class 4 venues may be established in the territorial authority district and, if so, where they may be located; and
b) may specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue.

The Gambling Act also amended the Racing Act 2003 to require that territorial authorities adopt a board venue policy for the district. The policy must specify whether new New Zealand Racing Board venues (previously known as and commonly referred to as stand alone TAB agencies) may be established in the city, and if so, where they may be located. The policy does not extend to other venues, such as clubs and hotels, where TAB betting services are provided.

Waitakere context

The Waitakere City Council Gambling Venue Policy covers both class 4 venues and New Zealand Racing Board venues.

It sets out rules which limit the number of Class 4 gambling venues and gambling machines ("Pokie Machines") that can operate in Waitakere City. The policy also says whether new TABs can open in Waitakere.

The policy's main objectives are to control the growth of gambling and to minimise the harm caused by gambling.

The Council adopted its initial Gambling Venue Policy in May 2004 in accordance with the Gambling Act 2003. This policy had a capped limit of 38 venues and 501 electronic gambling machines. There was no cap on New Zealand Racing Board venues.

Current policy

The Gambling Venue Policy was reviewed in 2009.

Submissions on the draft policy were received February-March 2009 with public hearings held on 20-22 July 2009.

Following the hearings, the Planning and Regulatory Committee recommended a new Sinking Lid policy be adopted by the Council. This was considered and adopted by the Council on 25 November 2009.

Waitakere currently has 38 venues and 501 machines. Under the new policy, there will be no new consents given for venues or machines if a venue closes or relocates. A continuous sinking lid will apply, reducing the numbers of machines and consents over time. If existing venues relocate they will not be able to transfer their venue or machine consents. Where venues are forced to relocate or rebuild due to mandatory acquisition of land under the Public Works Act or due to a natural disaster they will be able to retain their consents.

The Sinking Lid policy does not apply to stand alone New Zealand Racing Board venues without electronic gambling machines who may apply to the Council to establish new TAB premises, subject to District Planning requirements.

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Gambling Venue Policy (Size 107K)

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