The Gambling Act 2003 and the Racing Act 2003 require all territorial authorities (city and district councils) to have a policies relating to Class 4 gambling venues and Racing Industry Transition Agency* (TAB) venues in their district. These policies must be reviewed every three years, taking into account the social impacts of gambling. Council’s current policy combines both Class 4 and Agency venues . The oversight of Class 4 gambling venues and Agency (TAB) venues sits with the Department of Internal Affairs (DIA). However, territorial authorities are responsible for issuing consent to venues that wish to provide Class 4 or TAB gambling. Essentially, DIA may issue a licence to a venue once Council has issued consent for that particular venue in accordance with this policy. *Formerly the New Zealand Racing Board

What is Class 4 gambling?

Class 4 gambling covers gaming machines, commonly known as pokie machines, in venues that are not casinos.

And Agency venues?

This deals with stand-alone Racing Industry Transition Agency venues, or TAB, venues. It does not cover TAB outlets.

Gambling venues in the Timaru District

There are currently 14 Class 4 gambling venues in the Timaru District and a total of 165 gaming machines.*

There are no Agency venues in the District.*

*DIA gambling statistics as at 30 June 2019. www.dia.govt.nz

What does the Policy deal with?

Under the Gambling Act 2003 Council’s policy:

• must specify whether or not a Class 4 venues may be established and, if so, where they may be located within the District; and
• may specify any restrictions on the maximum number of gaming machines that may be operated at a venue; and
• may include a relocation policy.

The Gambling Act 2003 sets a maximum limit of nine machines for new venues. Council is able to set a lower limit through its policy. Under the Racing Act 2003, Council’s policy:

• must specify whether or not new TAB venues may be established and, if so, where they may be located within the District.

What doesn't the Policy cover?

Council’s policy cannot:

• reduce the number of machines in existing venues;
• control the hours of operation for gambling venues;
• close down an existing gambling venue;
• control what happens to the proceeds of gambling - i.e. where, and to whom the proceeds are distributed; or
• regulate casinos, internet gambling, or Lotto outlets

Class 4 Gambling Venue and Board Venue Policy

• The current Policy does not allow for the relocation of Class 4 gambling venues in accordance with Section 97A of the Gambling Act. Under this section, if councils consent to a venue relocation, the maximum number of gaming machines permitted at the new venue would be the same as the number permitted at the original venue (up to a maximum of 18 machines).
• Council is proposing to include a policy which allows venues to relocate in instances where they are unable to continue operating at the existing site, for example, the expiration of a lease, due to a fire, or the building being deemed earthquake-prone, dangerous, affected or insanitary. Venues must meet all other conditions of the Policy.
• This would mean the Gambling Venue Policy does not negatively impact existing businesses when events beyond their control mean they must relocate. While this would not increase the overall number of gaming machines in the District, it will not decrease them either.

• The inclusion of “Recreation Zones used for organised sporting purposes or recreational non-profit purposes” in the areas where gambling venues may be established is inconsistent with the intent of the Policy.
• The policy currently excludes gambling venues from close proximity to places where children, families, community groups, and individuals congregate for physical, social, cultural or intellectual development and wellbeing: pre-schools; schools; places of worship; and community facilities; including playgrounds; halls; community centres; and swimming pools. As such, Recreation Zones used for organised sporting purposes or recreational non-profit purposes should also excluded from the locations where gambling venues may be established.

• This clause currently states that: “not all venues, including existing venues, will be able to comply with the policy requirements. For this reason Council will consider applications for exemption made in respect to specific sites.”
• This clause creates unnecessary ambiguity for Council officers processing applications. Council believes that only venues who meet the criteria detailed in the Policy should be given consent to operate gaming machines
• Further, as the Policy applies to new applications for consent, existing venues and their licences are not affected by this policy, unless the venue proposes to increase the number of gaming machines or to relocate.

• The current Policy is quite wordy and in some places is unnecessarily complicated. Council believes all our policies should be easily understood. Apart from the proposed changes detailed below, these wording changes do not alter the meaning or intent of the Policy.

• The current Policy is titled “Class 4 Gambling Venue and Board Venue Policy”, and it’s a bit of a mouthful. Council thinks “Gambling Venue Policy” covers the purpose of the Policy just nicely.