Draft gambling venue policy

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Summary of proposal

1. Background and context

The draft Auckland City Council gambling venue policy covers both class 4 gaming venues (pokies) and New Zealand Racing Board venues (TAB's).

Class 4 gambling (pokies)

The Gambling Act became law on the 18 September 2003. Under the Act, territorial authorities are required to adopt a policy on class 4 gambling 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 (commonly referred to as 'pokie' 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:

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
may specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue.

Corporate societies must seek territorial consent through their class 4 venue policy in order to:

continue to operate machines at a class 4 venue licensed after 17 October 2001
increase the number of electronic gaming machines at a class venue
establish new venues under the Act.

New Zealand Racing Board venues (stand alone TAB agencies)

The Gambling Act also amended the Racing Act 2003 to require that territorial authorities adopt a racing 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.

2. Objectives of Auckland City Council draft gambling venue policy

The objectives of Auckland City Council's draft gambling venue policy are:

To control the growth of gambling in Auckland city.
To minimise the harm caused by gambling in Auckland city, including problem gambling.
To allow those who are legally entitled to participate in class 4 and TAB gambling in Auckland city to do so if they wish and to do so safely.
To seek to ensure that funds raised by gambling are distributed fairly for the benefit of communities within Auckland city.

These objectives were formulated based on the findings of a comprehensive social impact assessment of the impact of gambling within the Auckland region. Officers also met with Maori representatives and representatives from the New Zealand Racing Board, and consultation was carried out with business associations and mainstreets within Auckland City in 2002.

3. Key provisions of the draft gambling venue policy

The draft gambling venue policy includes provisions which will:

Class 4 gambling (pokies)

Prevent any increase in the number of machines in an existing class 4 venue.
Prevent any increase in the number of venues by ensuring that the total number of venues at any one time does not exceed those currently existing (which according to Department of Internal Affairs (DIA) statistics totals 163). A new class 4 venue can only establish when an existing class 4 venue disestablishes.
Prevent any increase in the number of class 4 machines by ensuring that the total number of machines does not exceed those currently existing (which according to DIA statistics totals 1959). Should a new venue establish, the number of machines in that venue must not exceed the number of machines held by the most recently disestablished venue or nine, whichever number is the lowest.
Restrict class 4 venues licensed after 17 October 2001 and new class 4 venues to certain parts of the central city, and 250 metres away from schools.
Prohibit class 4 venues licensed after 17 October 2001 and new class 4 venues from existing or establishing on council owned land.
Apply signage restrictions to Class 4 venues

In addition,

Applicants for a class 4 venue license must provide council at least annually with a full report on how funds raised by class 4 gambling have been distributed.
Class 4 venues must be a premise licensed under the Sale of Liquor Act 1989 with a restricted designation or a tavern or club license.

New Zealand Racing Board venues (stand alone TAB agencies)

New Zealand Racing Board venues with electronic gaming machines, or which propose to have electronic gaming machines, will be treated the same as all other class 4 venues, with the exception of liquor licensing requirements.
New Zealand Racing Board venues without electronic gaming machines can freely establish within Auckland City provided they comply with relevant district plan rules, bylaws and fee and application requirements.

4. Submission period

The public are invited to make written submissions on the draft gambling venue policy. Click here for more information.

Published May 2004