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Consultation on Public Gambling Levy
Introduction The Ministry of Health (MoH) submitted its integrated problem gambling strategy and proposed levy rates for 2010-13 to the Commission on 28 September 2009.
The Commission will convene a meeting to consult on the strategy and the levy rates on 12 November 2009 at the Hyatt Regency Hotel in Auckland, commencing at 9am.
Within 10 working days of the 12 November meeting, the Commission must report to the Associate Minister of Health and Minister of Internal Affairs making recommendations on the total amount of the problem gambling levy for the period 1 July 2010 – 30 June 2013, and the levy rate payable by gaming machine operators, casino operators, the New Zealand Racing Board and the Lotteries Commission.
Although the November 12 meeting includes the MoH strategy, this has already been the subject of consultation. The Commission, therefore, expects that this round of consultation will be focused on the Commission’s reporting obligations, which relate to the amount of the problem gambling levy and the setting of levy rates.
Legislation The MoH is responsible for developing and implementing an integrated problem gambling strategy pursuant to the Gambling Act 2003 (the “Act”). The integrated problem gambling strategy must include:
(a) measures to promote public health by preventing and minimising the harm from gambling;
(b) services to treat and assist problem gamblers and their families, and whanau;
(c) independent scientific research associated with gambling, including (for example) longitudinal research on the social and economic impacts of gambling, particularly the impacts on different cultural groups; and
(d) evaluation.
The Act, through regulations, imposes a levy on gaming machine operators, casino operators, the New Zealand Racing Board and the Lotteries Commission to recover the cost of implementing the problem gambling strategy.
Section 318 of the Act sets out the process that the MoH must follow in developing the strategy. The MoH must do the following things:
(a) undertake a needs assessment; and
(b) prepare a strategy in draft; and
(c) develop costings for the draft strategy; and
(d) …
(e) take into account any under-recovery or over-recovery of levy in the previous levy period; and
(f) estimate annual funding requirements for the strategy for a 3-year period; and
(g) estimate, using the formula set out in section 320, levy rates for each gambling sector liable to pay the levy; and
(h) consult on the matters outlined in paragraphs (a) to (g) with –
(i) at least 1 representative of corporate societies licensed to operate gaming machines in commercial venues; and
(ii) at least 1 representative of corporate societies licensed to operate gaming machines in non-commercial venues; and
(iii) at least 1 representative of casino licence holders; and
(iv) the New Zealand Racing Board; and
(v) the New Zealand Lotteries Commission; and
(vi) representatives of the providers of problem gambling services; and
(vii) any other groups it believes are likely to be affected significantly by the proposed strategy.
On completion of this process, the MoH must submit to the Gambling Commission and to the Associate Minister of Health and the Minister of Internal Affairs, the proposed strategy and the proposed levy rate payable by each gambling sector.On receipt of this information, the Gambling Commission must, pursuant to section 318(3) of the Act, convene a meeting to consult on the strategy and the rates. The Commission must request the following people to attend the meeting:
(i) the MoH (as the Department responsible for the integrated problem gambling strategy);
(j) the Department of Internal Affairs (as the Department responsible for the administration of the Act);
(k) one or more representatives of gambling operators who will be subject to the levy;
(l) one or more representatives of providers of problem gambling services;
(m) one or more representatives of any other groups the Commission believes are likely to be significantly affected.
Within 10 working days of the meeting, the Commission must, pursuant to section 318(5) of the Act, report to Responsible Ministers making recommendations on the total amount of the problem gambling levy for the relevant 3-year period, and the levy rate for each gambling sector.
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