Key Game Rules - NZCT...2016/02/18 · NZCT-Harm Minimisation Manual-2016 Key Game Rules There are...

NZCT-Harm Minimisation Manual-2016

Key Game Rules

There are 65 legally binding Game Rules that Class 4 Gaming licence holders, venue operators or supervising

staff, or players must follow. The table below summarises the key rules relating to harm minimisation. It also

details what venue staff need to do to comply.

Regulation/Rule

Instructions

Game Rule 4 No player shall play more than one gaming machine at a time

If you notice someone playing more than one gaming machine you must:

ask them to stop immediately (refer them to the Game Rules sign in your gambling area )

advise them they will not be paid any winnings

advise them that you will have to exclude them from the gambling area if they continue to play more than one machine at a time

Game Rule 5 No person shall engage in syndicated play with any other player, or solicit or induce any player to take part in such arrangement, or induce or intimidate any player to vacate a gaming machine

If you consider two or more players are gambling/playing together to increase the opportunity of those players striking the jackpot (syndicated play), you must:

ask them to stop immediately (refer them to the sign in your gambling area )

advise them they will not be paid any winnings

advise them that you will have to exclude them from the gambling area if they continue syndicated play

Game Rules 7,14 & 32 When malfunctions of any gambling equipment occur, no prize is valid and no player is entitled to a prize

If a gaming machine malfunctions you must:

turn the machine/gambling equipment off immediately

complete a DIA Gambling Equipment Fault / Player Dispute Report

forward this report to your NZCT representative

Game Rule 13 Records of key persons to be maintained

The venue operator is obliged to maintain a complete and up-to-date record of all staff working at the venue. You must also: Notify NZCT immediately of any change in key persons in relation to

the venue licence, including venue manager changes or changes to the venue operator company.

Game Rule 57 Jackpot player instruction notices to be displayed

The venue manager must ensure jackpot player instruction notices are displayed in the gambling area. These include:

minimum start-up value of each jackpot level

maximum prize that can be won

increment rate of the jackpot pool expressed as a percentage of gaming machine turnover

information on how to identify which machines are jackpot connected

information on how to correctly identify jackpot wins awarded to a particular machine

a warning for players not to leave the gaming machine for at least one minute after play has ceased and not before checking the display for any wins

a statement that any malfunction of the jackpot system voids all wins


Class 4 Infringement offences The Gambling Act 2003 creates a number of infringement offences that venue operators, management and

supervising staff should be aware of. These are listed below along with a brief description of the offence and a

reference to the relevant section of the Act.

If someone working at this venue breaks these rules, the DIA has the power to either a) issue an infringement

notice (instant fine) of up to $5,000, or b) prosecute them for the alleged offence (which may result in a

criminal conviction and a fine of up to $10,000).

Note: Infringement notices are instant fines which can be issued immediately by DIA inspectors.

Section Description of offence Max fine and who

pays

(IN = infringement notice)

15

Providing credit for gambling prohibited

A person conducting gambling must not offer or provide credit if

they know (or ought to know) that the credit is intended to be used

for gambling.

$10,000

any person

82

Display of compulsory information at Class 4 venues

This relates to the signage that must be displayed in your gambling

area (eg: the Class 4 Venue Licence). While NZCT and its

representatives will continue to monitor this, it is the venue

manager’s responsibility to ensure signage provided is displayed

and replaced if/when damaged or lost.

$5,000 ($2,500 IN)

venue licence holder

104

Requirement to bank gaming machine profits

A venue manager must bank all gaming machine profits directly

into NZCT’s dedicated bank account within five working days after

the gaming machine proceeds are calculated (or other time

specified by regulation). If profits are not banked, gaming

machines will be turned off until the banking has been completed

and NZCT is satisfied that all regulatory obligations are being

complied with on an on-going basis.

$5,000 ($2,500 IN)

venue manager

117

Failure to provide information required for investigations and

audits

This relates to situations where the DIA may formally request

information and the request is refused and/or information is not

supplied within the stated period.

$5,000 ($2,500 IN)

person from whom the

information was

requested

121

Casino branding

No casino branding (or any other reference that may lead people to

believe the venue is a casino) is permitted anywhere at a Class 4

Venue.

$10,000 ($5,000 IN)

venue staff, venue

licence holder or other

person responsible


302

Restriction on Class 4 gambling by persons under 18 years

This section prohibits venue managers, people who are key

persons at venues, and venue licence holders from allowing any

person under 18 years of age to gamble at a gaming venue.

Every person under 18 years who participates in gambling commits

an offence and is liable on summary conviction to a fine of up to

$500.

$5,000

venue licence holder

$1,000

venue manager or key

person at venue

$500

under aged customer

308

Requirement to display problem gambler identification policies

NZCT has, in accordance with the legislation, developed a policy

for identifying problem gamblers. The venue must display a notice

in the gambling area advising customers that the policy is available

on request. The last section of this manual details the signs and

notices that must be displayed.

$5,000 ($2,500 IN)

venue manager

312

Failure to issue an Exclusion Order or allowing an excluded person

to enter the gambling area

Every venue manager (or staff member acting on their behalf) who,

having received a request from a self-identified problem gambler or

someone acting on their behalf, fails to promptly issue an Exclusion

Order, commits an offence.

A venue manager or person acting on their behalf, commits an

offence if they allow an excluded gambler to enter the venue or fail

to remove an excluded person who has entered the gambling area.

Every person who enters a gambling area in breach of

an Exclusion Order or condition of re-entry is liable on

summary conviction to a fine of up to $500.

$5,000

venue manager for

failing to issue; venue

manager (or person

acting on behalf) for

allowing an excluded

person in gambling

area

$500

excluded gambler

Note: In addition to the offences above, any significant, on-going, non-compliance with the Act, regulations or

Gaming Rules can lead the DIA to suspend or cancel the venue licence, and or could lead to the venue

manager or other venue key person being deemed unsuitable to work in a Class 4 venue.


Harm Minimisation Training Whenever your gaming machines are operating you are legally required to have a staff member trained in

harm prevention and minimisation on duty. NZCT will provide this training so your staff can meet their legal

obligations. Please contact your NZCT representative on 0800 44 69 28 if you would like to book a training

session.

Our training presentation and handout notes are included at the back of this manual for your use/reference.

The training programme is also available on-line at http://www.nzctresources.weebly.com . Contact your

NZCT representative for access details.

http://www.nzctresources.weebly.com/


Gaming Personnel Training Register Venue Name: __________________________________________

This register must be up-to-date at all times and shown to any NZCT representative or DIA inspector immediately on

request

If you are involved in any aspect of the gaming operation at this venue, your name must appear on this register. Signatures/initials on this sheet

should match any signature/initial that appears on any gaming related form and/or report.

EMPLOYEES, by signing this form you acknowledge that you:

know where to locate the Harm Prevention and Minimisation Policy

are familiar with the contents and requirements of the Harm Prevention and Minimisation Policy

know what to do in relation to the Exclusion Order process

are aware of your responsibilities relating to the day-to-day operation of gaming machines.

Employee’s name Position at venue I have attended a Harm Prevention and

Minimisation training course

(specify date & trainer)

Employee’s signature Venue manager’s signature


Employee’s name Position at venue I have attended a Harm Prevention and

Minimisation training course

(specify date & trainer)

Employee’s signature Venue manager’s signature


Harm Prevention and

Minimisation Policy

NZCT and its venue operators accept a duty to provide a responsible gaming environment. This policy

outlines the procedures that must be in place at our venues to minimise the risk of problem gambling

occurring, including active monitoring of the gaming lounge. It also lists the steps that must be taken when

actual or potential problem gamblers are identified.

Note that the venue manager or person acting on their behalf must take all reasonable steps to ensure that

the policy is used to identify actual or potential problem gamblers.

Offence:

Failure to supply a copy of this Harm Prevention and Minimisation Policy when requested may result in the

venue manager being fined $5,000.

Problem gambling

A problem gambler is a person whose gambling causes harm or may cause harm.

Harm:

means harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling;

and

includes personal, social, or economic harm suffered –

o by the person; or

o the person’s spouse, partner, family, whanau, or wider community; or

o in the workplace; or

o by society at large.

Problem gambling can be described as occasional or regular gambling to excess, to the extent that it leads to

problems in other areas of life, particularly with finances and inter-personal relationships. These problems

range from minor ones involving arguments with the family over gambling expenditure, to problems

involving a compulsive addiction to gambling resulting in major financial or inter-personal difficulties.

A person may self-disclose to venue staff that they have a gambling problem. They may do this explicitly or

they might make a veiled reference to gambling causing them harm (eg. not having money for groceries).

Comments made by the gambler’s friends or family or the gambler’s own behaviour may also be evidence of

harm or potential harm.


Venue requirements

Training

All staff members need to be aware of their legal obligations relating to problem gambling. They must also

be trained to identify and deal appropriately with potential and actual problem gamblers. NZCT

recommends venues nominate one staff member to be responsible for checking and coordinating Harm

Prevention and Minimisation Training. If the responsibility is not assigned, it will default to the venue

manager, who will have overall responsibility for ensuring legal requirements are met, such as those detailed

below.

Signage

NZCT supplies the venue with harm prevention brochures, signs and notices. By law the venue must display

these in the gaming area. This material informs customers about this policy, the odds of winning on gaming

machines, it encourages customers to gamble at limits they can afford, and it details the signs of problem

gambling and explains how to get help. Jackpot signs must not be visible from outside the gaming venue.

Other signage refers to the 18-years-old age restriction and provides information about grant applications.

Credit

It is an offence for a staff member to provide credit which is intended to be used for gambling.

ATMs

No automatic teller machines (ATMs) are permitted in the gambling area. If the gambling area is not

defined, ATMs are not allowed anywhere in the venue.

Syndicated play

Syndicated play is not permitted on gaming machines. If two or more customers are playing together to

increase their chance of striking the jackpot, venue staff must ask them to stop. No winnings resulting from

syndicated play will be paid.


Policy for identifying problem gamblers

The venue manager will receive training to keep up-to-date with procedures for identifying problem

gamblers and the process for dealing with them. The venue manager will be responsible for ensuring that a

sufficient number of staff are trained in Harm Prevention and Minimisation so that the venue can always

meet its legal requirements.

All gamblers have the potential to develop a gambling problem. This means all customers have the potential

to become problem gamblers. However, some people will be more at risk than others. Characteristics of a

potential problem gambler include but are not limited to the following (these items are in no particular

order):

The person

o stays in the gambling area for excessive periods of time

o gambles frequently

o drinks to excess or appears intoxicated while playing gaming machines

o plays two or more machines

o is disorderly and/or argues with other customers or staff

o makes repeated requests for cash from the EFTPOS machine or makes repeated trips to ATM

machines

o attempts to cash cheques

o attempts to borrow money or sell personal effects at the venue

o appears distressed

o talks about problems related to excessive gambling

o is verbally abusive or causes damage to the gaming machines

o is unaware of the time they’ve spent gambling

o refuses to leave gaming machine for toileting.

Information is received

o that the person has an Exclusion Order at another venue

o from the person’s family or friends expressing concern they are gambling excessively, using

funds budgeted for other expenditure, possibly stealing to fund their gambling or have left

their children without adequate supervision while they gamble.

If staff notice any of the behaviours listed above, they must report their concerns to the on-duty manager.

If a problem gambler is identified, the manager will approach the person concerned and politely offer them

information and advice about problem gambling. If possible, the manager will speak to the player privately,

and will at all times treat them with respect and sensitivity.

The information or advice offered must include a description of the self-exclusion procedure, and the

venue’s power to issue an Exclusion Order which prohibits a person from entering the gambling area for up

to two years.


Exclusion Orders

Exclusion Orders must be issued to all self-identified problem gamblers. Further, the venue manager or

person acting on their behalf must, if appropriate, issue a person with an Exclusion Order if venue staff have

already approached the person and provided information or advice about problem gambling and the

person’s on-going behaviour provides reasonable grounds to believe they are a problem gambler.1

Once completed, one copy of the Exclusion Order must be kept by the venue, one must be sent to the

problem gambler (or service making the request on their behalf), and a further copy must be sent to NZCT

either by email ([email protected]) or post ( PO Box 10 857, Wellington 6143).

The problem gambler must provide their name and date of birth, plus a recent photo which enables them to

be readily identified, when requesting that an Exclusion Order be issued. In the absence of these identifiers a

venue manager or a staff member acting on their behalf may refuse to issue an Exclusion Order.

Societies are required to keep records of (and to supply to the Department of Internal Affairs if requested)

the names and birthdates of all excluded gamblers, to state whether these were excluded on the venue’s

initiative or at the request of a self-identified problem gambler, the date the Exclusion Order was issued and

its expiry date, and any conditions of re-entry imposed.

Accordingly venues must ensure that they provide this information to NZCT as soon as the Exclusion Order is

issued.

The Gambling Act makes it clear that the venue manager or any other qualified staff member can ask a

customer to leave at any time. No reason needs to be given. A trespass notice may be issued banning the

person from the entire venue, not just the gambling area. The Police should be contacted if a trespass order

is breached.

Offences:

a person who enters the gambling area in breach of an Exclusion Order is liable to a fine of up to

$500

any venue manager (or person acting on their behalf) who, after receiving a request by a self-

identified problem gambler, fails to issue an Exclusion Order, commits an offence and is liable for a

fine of up to $5,0002

a venue manager (or person acting on their behalf) who allows an excluded person to enter the

gambling area or fails to remove an excluded person commits an offence and is liable for a fine of up

to $5,0003.

Defence:

It is a defence to a charge against a venue manager or person acting on their behalf if the defendant proves

that:

- there were procedures in place at the time to prevent the person subject to the Exclusion Order from entering, or remaining in, the gambling area; and

1 New section 309A Gambling Act inserted 3 March 2015 – Duty to assist…if ongoing concern exists 2 Section 312 Gambling Act as amended 3 March 2015 removed “knowingly” as an element in the offence. 3 Refer above

mailto:[email protected]


- the defendant had reasonable grounds to believe the procedures would be effective in preventing a person subject to an Exclusion Order from entering, or remaining in, the gambling area; and

- despite the breach, the defendant took all reasonable steps to ensure that the procedures were complied with.

Harm Minimisation Incident Register

NZCT supplies a Harm Minimisation Incident Register to all its venues. This is for documenting all actions

taken in regard to actual and potential problem gamblers, and to record observations about the behaviour of

people who may be at risk.

Documented records of incidents, observations, and actions by staff help demonstrate that the venue takes

its harm minimisation obligations seriously. These records also serve as a practical training tool for staff.

The register may also protect both the gambler and the venue manager where Exclusion Orders are issued or

current. In the event that the venue manager or a person acting on their behalf is charged with an offence

relating to the failure to issue or to enforce an Exclusion Order, the incident register could prove crucial to

their defence. The incident register should be checked regularly by the staff supervising the gambling area to

ensure that the venue is complying with its obligation to assist problem gamblers if ongoing concern exists.

Having up-to-date, completed documentation helps demonstrate compliance with the Gambling Act and

other harm prevention and minimisation regulatory requirements.

Harm Prevention and Minimisation training

A staff member trained in harm minimisation must be on duty at NZCT venues whenever gaming machines

are in operation. This staff member must be familiar with all legal and procedural requirements relating to

responsible gambling and harm prevention and minimisation. It is the venue’s responsibility to ensure that

trained staff are available to cover all periods of operation. NZCT will provide training (and refresher

training) for groups or individuals at the venue as requested. At a minimum staff must be trained to:

approach a player if they have reasonable grounds to believe that person may be experiencing

difficulties relating to gambling

provide information to customers about the characteristics of problem gambling (including

recognised signs of problem gambling), the potential risks and consequences of problem gambling,

and how to get help

remind a player that, if the venue manager has reasonable grounds to believe they have a gambling

problem, they may be banned from the gambling area for up to two years

remind a player that they can ‘self-identify’ as a problem gambler (ie. advise others) and ask to be

excluded from the gambling area for up to two years

understand the venue’s obligation to assist gaming machine patrons and, where appropriate, to

issue an Exclusion Order where there is an ongoing concern that the person is a problem gambler.


Under-age gamblers

All gaming machines are located in a separate area where they are supervised by trained staff. Signage at

the gambling area entrance advises customers that it is an offence for people under 18 years of age to play

gaming machines.

Anyone who appears to be under 20 years of age will be asked to produce photo identification (passport, NZ

driver’s licence, HANZ card) to verify their age. People who cannot produce such evidence may be excluded.

Prize money will not be paid to anyone who looks under 20 years of age and is unable to produce photo

identification confirming they are 18 years or older. The prize money will be held, along with the person’s

name, address and date the prize was won, until photo identification is provided to confirm the person is 18

years or older.

Any money not claimed within seven days will be treated as ‘net proceeds’ at the venue.

Offence:

A venue manager, operator, key person or other personnel involved in gambling who allows a minor to

participate in gambling may be liable for a fine of up to $1,000.

Monitoring

Venue staff will actively monitor gaming venues for problem gamblers and under age people entering the

gambling area.

NZCT will provide CCTV to ensure that the gambling area is adequately monitored in the event of an issue.

Venue managers or other qualified staff will check the gambling area at agreed frequencies. The time frame

will be determined after considering the number of gaming machines, the number of players, the turnover,

venue layout and any other relevant factors.


Have You Noticed?

A venue manager (or person acting on their behalf) must take all reasonable steps to assist a person who

could be a potential problem gambler. These steps include providing problem gambling information

(pamphlets, Gambling Helpline phone number, and discussing the Exclusion Order process). It may be

appropriate to issue the person with an Exclusion Order if the venue manager (or person acting on their

behalf) has already approached the person and offered them information or advice.

Section (309A) of the Gambling Act has increased the level of assistance venue staff must provide to a person

they believe is a problem gambler. It is no longer acceptable to offer assistance once and take no further

action. Staff must demonstrate they provided continued assistance. It is in your best interests to record

your observations and actions in your Harm Prevention Incident Register. These records may come in useful

if the venue is involved in a legal or police investigation.

Characteristics of a potential problem gambler include but are not limited to the following (these items are in

no particular order):

The person

o stays in the gambling area for excessive periods of time

o gambles frequently

o drinks to excess or appears intoxicated while playing gaming machines

o plays two or more machines

o is disorderly and/or argues with other customers or staff

o makes repeated requests for cash from the EFTPOS machine or makes repeated trips to ATM

machines

o attempts to cash cheques

o attempts to borrow money or sell personal effects at the venue

o appears distressed

o talks about problems related to excessive gambling

o is verbally abusive or causes damage to the gaming machines

o is unaware of the time they’ve spent gambling

o refuses to leave the gaming machine for toileting.

Information is received

o that the person has an Exclusion Order at another venue

o from the person’s family or friends expressing concern they are gambling excessively, using

funds budgeted for other expenditure, possibly stealing to fund their gambling or has left

their children without adequate supervision while they gamble.


Exclusion Orders A self-identified problem gambler may request a venue to issue an Exclusion Order, banning them from the

gambling area. Such a request may be made directly (in person or in writing) or through a third party such as

a counselling service (refer MVE section below), who will contact the venue on the gambler’s behalf. The

venue may refuse to issue an Exclusion Order where the requester does not provide their full name, date of

birth and a photograph that readily allows venue staff to identify the requesting gambler.

The Gambling Act requires any venue receiving a request for self-exclusion, to issue an Exclusion Order

promptly. The Act also requires that a venue-initiated process be in place to enable venue managers (or

persons acting on their behalf) to exclude any person they have reasonable grounds to believe is a problem

gambler. The same form is used for all Exclusion Orders.

The Gambling Act imposes an on-going duty for venue staff to take reasonable steps to assist a person they

believe is a problem gambler. This includes, if appropriate, issuing the person with an Exclusion Order if the

venue staff have already approached the person, provided problem gambling information or advice and the

person’s on-going behaviour does not change.

Note: Venue staff are entitled to ask any person to leave (or deny them entry to) the gambling area without

giving a reason. This is in addition to the Trespass Act 1980.

Is the gambling area defined?

The law says excluded people are banned from the ‘gambling area’. Check the venue plan accompanying

your gaming licence to confirm if your gambling area has been defined. If it has not been defined, then your

entire premises are deemed to be the ‘gambling area’. This means excluded people are banned from your

entire premises. In addition an ATM will not be permitted at the venue.

Identifying problem gamblers

Venue staff must report any concerns about a gambling customer’s behaviour to the venue or duty manager.

The duty manager should assess the situation and, if it is thought there is an issue:

approach the customer, and offer information and advice

offer the customer the opportunity to request a voluntary Exclusion Order, banning them from

the ‘gambling area’

if the person is not interested in self-excluding, explain that the venue also has the ability and

responsibility to initiate an Exclusion Order if required.

Note: Venue staff should issue an Exclusion Order to any gambler who has already been provided with

information about problem gambling and who continues to give venue staff reasonable grounds to believe

that person is a problem gambler. This is a new requirement imposed by an amendment to the Gambling

Act which came into effect in March 2015.


Penalties A venue manager (or person acting on their behalf) can be fined $5,000 for not issuing an Exclusion Order

when requested to do so by a problem gambler. A similar penalty can be imposed on the venue manager (or

person acting on their behalf) for allowing a person who is the subject of an Exclusion Order to enter the

gambling area, or failing to remove that person once their presence is known.

Note: In order to defend themselves against such a charge, the venue manager or person acting on their

behalf will need to prove:

there were procedures in place at the venue to prevent a person subject to an Exclusion Order

from entering, or remaining in, the gambling area; and

the defendant had reasonable grounds to believe that those procedures would be effective in

preventing a person subject to an Exclusion Order from entering, or remaining in, the gambling

area; and

despite the breach of subsection (3), the defendant took all reasonable steps to ensure that

those procedures were complied with.

Voluntary self-exclusion

A request for a self-Exclusion Order may come from: the problem gambler in person; via a letter directly from

the person; or it may be sent to the venue by a problem gambling agency. If the requester is present, the

duty manager should:

where possible, offer the chance to talk in private

explain that an Exclusion Order once issued, irrespective of whether it is requested by the

customer or it is venue initiated, bans them from the gambling area (or the entire premises if the

‘gambling area’ has not been formally defined), for a period of up to two years

advise the person of the venue’s obligation to make sure they don’t enter the area covered by

the Exclusion Order - and that the customer will be liable for a fine of up to $500 if they breach

the order

issue a copy of the Exclusion Order to the excluded person, using the process below.

Note: Failing to issue an Exclusion Order if requested is an automatic offence, which carries a fine of up to

$5,000. The request from the self-excluding person can be verbal or in writing. However, the venue is not

obliged to issue an Exclusion Order, unless the requester supplies, clear photo ID, birth date and contact

details.


Non voluntary (venue initiated) exclusion

If they have concerns about a customer’s gambling behaviour, the venue manager should, using the

following process, issue an Exclusion Order prohibiting the person from entering the gambling area:

obtain photo ID, date of birth and address detail, and complete an Exclusion Order form (found

in this Harm Minimisation Manual). The exclusion period can be for no longer than 24 months

give one copy to the excluded person (if possible)

file one copy at the venue in this Harm Minimisation Manual ensuring all staff know about it and

are able to identify the excluded gambler

Email or post one copy to NZCT ([email protected] or PO Box 10 857, Wellington 6143).

Note: Venue staff have an on-going duty to assist problem gamblers. If a gambler has been spoken to

previously about possible problem gambling, venue staff should then consider if it is appropriate to issue an

Exclusion Order, having regard to the gambler’s behaviour.

Third party notifications

A request from a third party (such as a concerned friend or family member), in itself cannot oblige a venue to

issue an Exclusion Order. However any third party concerns could trigger an appropriate intervention on the

part of venue staff – such as:

approaching the gambler with a view to providing information about problem gambling and

where to seek help; or

providing the concerned friend or family member with a copy of the NZCT Harm Prevention and

Minimisation Policy and a problem gambling information leaflet. They should then advise that

they will monitor the customer’s behaviour and determine whether or not it might be

appropriate to issue an Exclusion Order.

Note: A third party notification is a strong indicator that a customer may be an actual or potential problem

gambler and should at the very least trigger an assessment.

Multi Venue Self Exclusion Orders

This section applies to venues where there is a Multi Venue Self Exclusion (MVSE) process in place. This will

depend on whether there is a MVSE coordinator in the area (generally a problem gambling service provider).

If in doubt about the process in your area, please contact your NZCT representative.

Note: An MVSE request does not take the place of a formal Exclusion Order, which must be issued by the

venue whenever a request is received.



The process

The following is a step-by-step process for completing Multi Venue Self Exclusion Orders:

1. The MVSE coordinator sends the venue a MVSE (usually copying the details to the relevant society).

2. The venue manager (or a person acting on their behalf) completes an Exclusion Order in the

usual way for the requested period (being a maximum of 24 months) and posts one copy to the

MVSE coordinator and one copy to NZCT.

3. The venue manager (or a person acting on their behalf) files the original Exclusion Order, along

with the Request for Multi Self-Exclusion in this Harm Minimisation Manual ensuring all staff

know about it and are able to identify the excluded gambler.

A self-identified problem gambler may also ask to be excluded from other venues in the area. Where this

happens:

the venue manager must issue an Exclusion Order in the usual way, providing one copy to the

customer, one to NZCT and keeping a copy in the Harm Minimisation Manual.

the venue manager should help the problem gambler contact the local MVSE coordinator (NZCT can

provide contact details if this is not known).

the venue manager must ensure all staff know about the Exclusion Order and are able to identify

the excluded gambler.

Receive request from MVSE coordinator

Venue receives MVSE request

Venue staff issue Exclusion Order

1 copy for venue 1 copy to customer/MVSE coordinator 1 copy to NZCT


Distributing copies of the forms In some cases you may not be able to post copies of these documents to the problem gambler (eg: if they

have not supplied their address details) but, provided the requesting gambler provides their full name, date

of birth and a clear photograph that readily allows venue staff to identify them, the venue must complete the

official Exclusion Order form, file the originals and send copies to NZCT at PO Box 10 857, Wellington.

Duty to keep records

Societies are legally obliged to keep the following information about people excluded from their venues:

person’s name and date of birth (if available)

whether the person was excluded under s 309 (venue-initiated) or at the request of the gambler under s 310 (face-to-face or through a gambling service provider)

the date the Exclusion Order was issued and its expiry date

any condition for re-entry.

Please ensure that the form is completed clearly and in full. Send a copy to NZCT by email

([email protected]) or post it (PO Box 10 857, Wellington 6143).

Offence:

Venue manager liable for up to $5,000 fine for failing to issue an Exclusion Order

Customer self - identifies or is

venue identified

Venue staff or gambler initiates Exclusion Order

Venue staff issue Exclusion Order

1 copy for venue 1 copy to customer 1 copy to NZCT

Venue staff provide

contact details to

MVSE



Confidentiality

Exclusion Orders are confidential – just like doctor’s records. They are confidential to the gambler, venue

staff and authorised NZCT personnel. Never pass this information to outside parties without first getting

written permission from the customer and please ensure that the venue records are kept secure at all times.

Expired Exclusion Orders should be destroyed in a manner that preserves confidentiality.

What to do if an excluded person enters the gambling area?

Venue staff must immediately ask the person to leave the gambling area and record this in the Harm

Minimisation Manual’s Harm Minimisation Incident Register.

Note: if an excluded person is permitted to enter the gambling area an offence is committed and the venue

manager (or the person acting on their behalf) is liable for a fine of up to $5,000 - unless they can prove

there were procedures in place to prevent excluded persons from entering and staff have reasonable

grounds to expect these would be effective in preventing the excluded person from entering.

What can the gambler do if they do not agree with the order?

If the gambler believes the order is unfair, explain that you are simply carrying out your responsibilities

under the Gambling Act 2003 and refer them to:

NZCT’s Compliance and Regulatory Manager, on 0800 44 69 28; or

the Department of Internal Affairs on 0800 25 78 87; or

the Ministry of Health on 0800 25 24 64; or

one of the treatment providers listed in our problem gambling pamphlets.


Sample letter for problem gamblers

The following is an example of the type of letter you could give customers who you have reasonable grounds

to believe may be a problem gambler. This is just a guideline - you can adapt this text to suit your venue and

circumstances.

Dear valued customer

The Gambling Act 2003 requires us to minimise the potential harm caused by our gambling area. Should

our customers ask for assistance, we must be able to help them exclude themselves from our gaming area.

We are also required to distribute information about how people can get help with problem gambling. We

take these requirements seriously because we want to provide a safe and enjoyable gaming experience for

everyone at our venue.

All our staff are trained to help identify people who may have a gambling problem. Your gambling behaviour

has come to our attention and, under the Act, we are obliged to offer you help. We do this with the utmost

respect.

If you think your gambling is causing problems, we recommend you contact the Gambling Helpline on 0800

65 46 55. This is a free, professional and understanding service which may be useful.

If you are interested, we can help you to self-exclude, which would prevent you from using our gambling

area for an agreed time period. You will need to be aware of the legal ramifications once an Exclusion Order

is issued against you. If you would like to know more, please ask any one of our staff for a copy of our Harm

Prevention and Minimisation Policy.

If you choose not to self-exclude and we continue to be concerned about your gambling, we may be obliged

to issue an Exclusion Order to stop you entering our gambling area. If you breach an Exclusion Order, you

can be fined up to $500.

If you would like to talk privately about the information in this letter, please ask to see me. I am here to

help.

Signature

Venue Manager



To comply with The Gambling Act 2003’s harm minimisation objectives it is important your venue keeps a record of all situations involving actual or

potential problem gamblers. This register provides evidence staff are taking harm minimisation seriously and being fair. The register may provide

protection for staff and the venue in situations where the exclusion process is examined by DIA or the courts.

Date Customer details Name, address, phone number and/or physical

description (hair colour, height etc)

Brief details of incident and staff actions Including details of information provided to customer – pamphlets, self-exclusion

and/or support provider information

example Name (if known) or description : man, 40ish

Came from bar, asked for venue manager and asked for a copy of policy. VM gave man a copy of policy.

example Name (if known) or description: Mary Jones

Asked to be excluded from venue. Manager completed Exclusion Order, advised Mary what it meant and gave her a problem gambling pamphlet to take away.

Name (if known) or description:









and/or support provider information.









Harm Minimisation Incident Register Date Customer details

Name, address, phone number and/or physical















Brief details of incident and staff actions Including details of information provided to customer – pamphlets, self-

exclusion and/or support provider information.









Problem Gambling Information Here is the information NZCT has available about problem gambling. Please make sure you have enough

pamphlets and cards at your venue to distribute to your customers.

Spending more on pokies than you wanted? This leaflet is designed for gamblers that might be experiencing harm. Venues are legally required to provide information about the odds of winning and the characteristics of problem gambling. These leaflets meet these requirements.

Gambling Host Responsibility – Guidance for Venue Staff This guide has been developed to support all frontline staff working in Class 4 venues. It contains information about legal requirements and simple steps all staff can take to meet their responsibilities.

Everyday Tips for Gambling Hosts These tips have been developed to support all frontline staff working in gambling host responsibility. All staff should be familiar with these and be practising them daily.

Gambling Harm Reference Card This information has been developed for all frontline staff as an easy and quick reference for signs of harmful gambling to watch for and how to respond. All staff should be familiar with these signs and the recommended action.


Equipment Faults and Player

Disputes The Department of Internal Affairs (DIA) requires any instance of suspected gaming equipment malfunction or

player dispute to be acted upon quickly and properly. Remember that a machine malfunction will usually void

a prize, so be sure to get NZCT’s clearance before making a pay-out. This will reduce the venue’s risk of

carrying the cost of a wrongly paid prize.

Equipment faults

In the case of machine or jackpot equipment malfunction venue staff must:

immediately turn off the machine/equipment

report the incident to their NZCT representative

complete as much of the DIA’s Equipment Fault/Player Dispute Report as possible (copies are in this

section)

forward the Equipment Fault/Player Dispute Report to their NZCT representative for completion.

Player disputes

Player disputes can involve lots of different aspects of gambling activity so it is important to record the correct

information.

NZCT guidelines for dealing with customer disputes are that if the dispute is resolved by venue staff to both

the player’s and the venue manager’s satisfaction, and does not involve the possibility of equipment fault, no

further action is required.

If the dispute is of a more serious nature and cannot be resolved, or if it is possible that a complaint may be

made directly to the DIA, NZCT or another agency, venue staff are required to:

report the incident to their NZCT representative

complete as much of the DIA’s Equipment Fault/Player Dispute Report as possible (copies are in this

section)

forward the Equipment Fault/Player Dispute Report to their NZCT representative for completion and

follow-up.

Unpaid prizes

If a player is not paid out and the win was recorded by a gaming machine or jackpot device, venue staff must

also complete an Unpaid Prize Report (see the next section).


Signage Guide Section 82 of The Gambling Act 2003 details the signage that must be displayed in your gambling area. These

requirements are explained below. NZCT and its representatives will check this for you, but it is the venue

manager’s responsibility to ensure that the signage provided is displayed and replaced if lost or damaged. The

penalty for non-compliance is a maximum fine of $5,000 fine or a $2,500 infringement notice.

This sign must be displayed immediately outside each principal entrance to the gambling area, and in the

immediate area where gaming machines are located:

This sign must be displayed by your gaming area’s entrance:


Inside the gaming area

Along with your venue licences and jackpot information sign (see example below), the following signage must

be displayed inside your gaming area

Jackpot example:


These signs are not obligatory, but they are recommended:

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