Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750894449.pdf (New Zealand)
New Zealand International Convention Centre Bill Government Bill As reported from the Commerce Committee Commentary Recommendation The Commerce Committee has examined the New Zealand Inter- national Convention Centre Bill and recommends by majority that it be passed with the amendments shown.
Introduction The bill seeks to give effect to parts of the New Zealand International Convention Centre and Licensing Agreement (NZICC Agreement) entered into by the Crown and SKYCITY Entertainment Group Limited on 5 July 2013.

The Agreement aims to benefit New Zealanders economically by bringing about the construction of an international convention centre to improve New Zealand’s capability to host large-scale international conferences.
The NZICC Agreement provides for SKYCITY to design, construct, and operate a convention centre with the capability to host up to 3,500 delegates, at a cost of $402 million.

In return for this investment SKYCITY would receive a number of regulatory concessions relat- ing to gambling law, which would apply at the Auckland casino site until 30 June 2048.

140—2 2 New Zealand International Convention Centre Bill Commentary Our commentary covers the main amendments we recommend to the bill and a petition.
Petition 2011/73 of Denise Roche and 1,302 others The petition from Denise Roche requests That the House of Representatives reject the Government’s proposal to permit an increase in pokie machines and other opportunities for gambling at SkyCity Auckland casino in re- turn for SkyCity building an international convention cen- tre and request an inquiry into the social and economic harm caused by problem gambling, and note that 6,832 people have supported this request online.
We considered this petition alongside the bill.

Our commentary covers the issues we considered relating to the international conven- tion centre.

We have no other matters to bring to the attention of the House relating to this petition.
Harm minimisation measures We recommend inserting new subparagraph 3(2)(a)(iii) in the pur- pose section of the bill, to make it explicit that the NZICC Agree- ment requires SKYCITY to implement certain harm minimisation and anti-money-laundering mechanisms as a pre-condition of regu- latory concessions.

We believe this would provide appropriate statu- tory recognition of the harm minimisation measures.
Although gambling-related harm has been recognised as a salient issue, the bill as introduced makes no reference to the harm mini- misation measures required in the NZICC Agreement as a condition of regulatory concessions.

The measures are set out in section 6 of the NZICC Agreement.

They include a voluntary pre-commitment system, doubling the number of host responsibility staff at the casino, and use of a predictive model to analyse data to determine which players are at risk from gambling harm.
We consider that prescribing specific harm minimisation measures in legislation is inappropriate, as advances in harm minimisation tech- nology are expected over the 35-year term of the NZICC agreement.

The Gambling Commission undertakes a two-yearly review of SKY- CITY’S host responsibility programme.
We consider that this is the Commentary New Zealand International Convention Centre Bill 3 appropriate regulatory mechanism for prescribing and enforcing par- ticular harm minimisation measures at the Auckland casino.

Purpose of the bill We recommend amending the title of the clause to “purpose and out- line”, and adding a new subclause 3(3), to make it clear that subclause 3(2) would not have legal effect.
Subclause 3(2) in the bill as introduced is intended only to describe what the NZICC Agreement does in broad terms.

This is distinct from the specific purpose of the bill, which is to give effect to those parts of the Agreement that require legislation: the regulatory concessions, and protection of the NZICC name.

The bill also seeks to ensure that the restrictive covenants and agreed remedies for breaches of the Agreement are enforceable.
Reference to gambling law We recommend the reference to the Gambling Act 2003 in subclause 8(1) be replaced with “gambling law”, for consistency throughout the bill.

Inclusion of licences We recommend that references to licences be removed from the def- inition of “gambling law” in clause 4 of the bill, as we consider it unnecessary and possibly misleading.
As introduced, clause 4 de- fines gambling law as the Gambling Act 2003 and any regulation, rule, standard, notice, or licence made, granted, or continued under the Act.

Licences are subject to frequent change.

Subclause 6(3) provides for the gambling law to prevail if its application would be more favourable to SKYCITY than the regulatory concessions.
If licences were included in the definition of gambling law, this might be incor- rectly interpreted to mean that SKYCITY was entitled to any benefits secured on a competitor’s licence.

Regulatory concessions We recommend in clause 4 of the bill that the reference to the regula- tory concessions “made” be replaced with one to the regulatory con- 4 New Zealand International Convention Centre Bill Commentary cessions “set out”.
We believe this is more accurate, as the Crown is the only party that would be making concessions.

Schedules 1 and 2 of the bill set out in detail the concessions the Crown has agreed to grant SKYCITY to increase gaming facilities at the Auckland casino site until 30 June 2048.

As introduced, clause 7 of the bill would give these regulatory con- cessions, as set out in clause 7.3 of the NZICC Agreement, the force of law.

The text of this clause of the Agreement is set out in schedule 3 of the bill.
Interpretation Subclause 4(2) as introduced would require that clauses 6 to 10, and 12, which are operative provisions, be interpreted in the way that best furthers the NZICC Agreement.

We recommend that this clause be amended to ensure that this principle would apply to all the opera- tive provisions of the bill.
The wording “agreements expressed in the Agreement” is consistent with that used in Treaty of Waitangi le- gislation, which gives legal effect to arrangements made between the Crown and other parties.

Enforcement As introduced, clauses 8 to 10 of the bill would require the Gambling Commission and the Secretary for Internal Affairs when enforcing gambling law to exercise their functions consistently with the regu- latory concessions.
We recommend removing the words “subject to section 6” from clause 8, and “without limiting sections 6 and 8(2)(a)” from clauses 9 and 10.

We believe this would prevent any misapprehension that the concessions would be subject to gambling law as if they were provided for under the current regulatory framework.
Gambling Commission’s continuous review of SKYCITY’s host responsibility programme The Gambling Act 2003, regulations, and casino licences require casino operators to implement a range of measures in order to mini- mise and prevent harm from casino gambling.

This includes the legal requirement to develop a policy for identifying problem gamblers.

Commentary New Zealand International Convention Centre Bill 5 Under the Act, the Gambling Commission is responsible for speci- fying casino licence conditions.
Licences are an integral part of the gambling legal framework.

Casinos are required to have a host responsibility programme (HRP) as part of their casino operator’s licence.

The HRP states how each casino implements its legal obligations to minimise and prevent gam- bling harm at its venue.
The Auckland casino operator’s licence, particularly paragraphs 23 to 29, requires the Commission to review the casino’s HRP every 2 years, and the operator is required to report every 6 months to the Commission on the implementation of the HRP.

Following the 2013 HRP review, operator reporting will become an annual requirement.
Independent analysis of effectiveness of the host responsibility programmes in SKYCITY’S Auckland casino A number of submitters requested that independent analysis be undertaken of SKYCITY’s host responsibility programme in order to determine its effectiveness.

During consideration of this bill, the Gambling Commission’s August 2013 decision (GC 21/13) on the amendment of the “responsible gambling programme” for the Auckland casino was published.
This decision demonstrated the Gambling Commission’s process in reviewing their programme.

This included extensive consultation with the Salvation Army, the Ministry of Health, the Secretary for Internal Affairs, and Lifeline Aotearoa who were all invited to provide suggestions on matters for possible inclusion in the host responsibility programme.

(GC 21/13, paragraph four).


For National Party members of the committee, this gave us con- fidence that these significant entities were included in the review process and that their views were taken into consideration.

It is our expectation that the Gambling Commission will continue to consult with these agencies and entities in their two-yearly reviews of Auck- land casino’s host responsibility programme.
The Gambling Commission considered whether there was a need for additional independent evaluation of the effectiveness of the Auck- land casino HRP.

The Commission felt no such need as it undertakes such an evaluation in the course of their periodic reviews of casino 6 New Zealand International Convention Centre Bill Commentary HRPs.

It does so by consulting with a range of knowledgeable par- ties as well as seeking independent expert assistance.
The Gambling Commission engaged Dr Delfabbro, Associate Pro- fessor at the University of Adelaide, in their review.

He reported to the Commission that New Zealand’s regulatory environment is rigor- ous in the extent to which it emphasizes responsible gambling prin- ciples, and that Auckland casino’s current HRP is of a high standard internationally.
National Party members of the committee concur that the processes put in place by the Gambling Commission in its review of Auck- land casino HRP ensured significant third-party input and expert in- dependent review and advice.

The committee was also informed that the Department of Internal Affairs inspectors walk through the casino on a regular basis.
Development of new technologies in regard to harm minimisation The Agreement requires SKYCITY to implement enhanced harm minimisation measures at their Auckland casino, these being • predictive model created by Focal Research which analyses loyalty data as a tool to identify players who are at risk from gambling harm voluntary pre-commitment system whereby “single terminal gaming machine” players may elect to restrict the amount of time they play and/or the amount they spend on machines over a selected period doubling of the number of host responsibility executives employed at SKYCITY Auckland casino so as to provide 24hr/day, 7 day a week, coverage at the SKYCITY Auckland casino site requirement that the issuance and redemption of Ticket-In Ticket-Out tickets and some cashless gambling credit above $500 in non-restricted areas is linked to suitable player iden- tification.
• • • These measures will be added to SKYCITY’s Auckland casino HRP, which is monitored and enforced by the Department of Internal Af- fairs and the Gambling Commission.

Commentary New Zealand International Convention Centre Bill 7 Currently 67 percent of gaming machine turnover at SKYCITY’s Auckland casino is loyalty-account based, and associated with in- dividuals and therefore able to be tracked at all times.
It is the view of National Party members that these measures, partic- ularly the predictive modelling tool through electronic monitoring, will enable identification of players who are at risk from gambling harm and will raise the bar in harm minimisation programmes.

Na- tional Party members understand that SKYCITY’s development of this tool is an international first.

This bill ensures that this technol- ogy is developed and implemented and offers another tool to mitigate gambling harm.
Accessibility and gambling harm The view was presented by many submitters that increased opportun- ities will increase gambling harm.

Certainly National Party members of the committee were concerned about a potential increase in gam- bling harm.
However, we noted the Australian Productivity Commis- sion’s report on “Accessibility and Gambling Harm” acknowledged the view that where gambling opportunities are increased in venues where gambling pre-exists, that “adaptation (host immunity and pro- tective environmental changes such as reduced novelty in gambling and public awareness of problem gambling) typically occurs and problem gambling levels stabilise or reduce, even in the face of in- creasing exposure.” Professor Max Abbot, Professor of Psychology and Public Health at Auckland University of Technology (author of the above statement), said to the committee in his oral submission that the degree of cor- relation between increased opportunity and increased harm was “un- certain”.
New Zealand Labour Party minority view Process and related issues Labour Party members of the committee asked that Treasury, Internal Affairs and Ministry of Health officials advise the committee in order to strengthen the robustness of the economic analysis of the casino extension proposal, detailed changes to gambling law, and the effect on addicted individuals and problem gambling generally.
Govern- 8 New Zealand International Convention Centre Bill Commentary ment members blocked those requests, and the quality of analysis and the ability of the committee to present a useful report to the House suffered accordingly.

We also wish to express our concern at the approach taken by the Ministry of Business, Innovation and Employment officials advising the committee.
They appeared to confuse their role as advisers to the committee with their normal roles working for the Minister in charge of the bill.

Their analysis, where it was done, was poor and defen- sive.

We suggest that the Clerk of the House and the State Services Commissioner work together to establish protocols that inform ad- visers to committees in the future.
We are further concerned at the warning given to organisations pro- viding services to problem gamblers contracted to the Ministry of Health that individuals involved in providing services pursuant to those contracts should not make public comment on this legislation.

The committee was deprived of the type of expertise that would have aided our consideration of the bill.

Economic issues There has been no transparent evaluation process for this economic development initiative.
There were no competitive bids.
We agree with the Deputy Auditor General when she said “we do not consider that the evaluation process was transparent or even handed.” And as the Treasury expressed “strong concerns that private benefits to Sky City will exceed public benefits to New Zealanders.” There is a growing consensus that the Ministers have undervalued the worth of the additional pokie machines and especially the gam- ing tables, but more importantly that the value to SKYCITY of the 27-year extension to their exclusive licence in Auckland was not properly calculated and brought into consideration.
While as Treasury noted international arrivals for conferences have plateaued since 2005, and there is a low level of public benefit from conference centres, Labour Party members are concerned at an eco- nomic development focus on low-paid often casual jobs rather a high- skill high-wage economy.

We also note that the New Zealand Institute of Economic Research report prepared for the Minister indicates that because of diversion of investment there will only be a net 18 new jobs created.
Commentary New Zealand International Convention Centre Bill 9 Even if a convention centre is considered a public good investment then alternative funding streams, including for example, an inter- national airport visitor levy, should have been considered in order to better approximate a user-charge approach.

Gambling harm This bill and the Agreement it seeks to implement are inconsistent with the widely agreed and well established objectives of harm mini- misation in the Gambling Act.
It is inconsistent with the established “sinking lid” policy of the Auckland City Council which has resulted in a reduction in the number of pokie machines.

It will grow the most harmful gambling, which results in loss of sig- nificant assets especially homes, family breakdowns, and in some cases suicide and murder.

The bill removes the opportunity for community input in the 2021 re- newal process; and if a renewal is granted in that year, again in 2036.
It further removes the Gambling Commission from that process and thereby cancels the requirement to consider an independent casino impact report in each of those years.

The ability of Parliament to amend the law The committee sought and received advice on the ability of a future Parliament to repeal this legislation.

The Ministry officials consulted with Crown Law and their report takes account of published judge- ments referenced in that report.
The relevant advice states: The NZICC Bill and Agreement provide for the possibility that the regulatory concessions provided by the Agreement may be removed because of direct or indirect Crown ac- tion.

In this event, the Agreement provides for the payment of compensation referred to as the SKYCITY Compensation Sum.

Parliamentary sovereignty means that a future Parliament remains free to amend the Agreement and associated NZ- ICC legislation.
However unless the amending legislation expressly overrode the compensation provisions, the SKY- CITY compensation sum would be payable.

10 New Zealand International Convention Centre Bill Commentary It would also be open to a future Parliament to legislate to nullify the compensation provisions and provide that no com- pensation or remedy would be available to SKYCITY.
How- ever there is a presumption against interpreting legislation as removing property rights without compensation unless the intention to do so is expressed in unequivocal terms.

There- fore, if a future government were to intend to remove the re- quirement to pay compensation, any legislation intended to provide for this would need to be clear and unambiguous.
A Court would be likely to interpret any ambiguity in favour of the payment of compensation to the extent that such an inter- pretation was open to it.

Labour Party members reserve the right to change the law when in government.

Green Party minority view The Green Party believes that the Government has a responsibility to protect New Zealanders from gambling harm through sensible regu- lation and law making.
We are opposed to the NZICC bill in its en- tirety because the Agreement the bill legislates for is an abrogation of that responsibility.

Parliament’s proper place in relation to gambling is to establish and hold accountable regulatory institutions and processes.

This bill compromises the integrity of that role.


Legislation permitting the funding of the Government-sponsored international convention centre in Auckland through the proceeds of gambling concessions to a monopoly private operator crosses a line between controlling gambling policy and law and participating and benefitting from the expansion of gambling.
The Gambling Act 2003 was designed to protect New Zealanders against gambling harm by putting a cap on the number of casinos in New Zealand, and preventing existing casinos from increasing the opportunities they offer to gamble.

The NZICC bill exempts SKYCITY from the public health protec- tions of the Gambling Act, allowing for a significant increase in gam- bling machines and opportunities and the avoidance of the scrutiny required by that Act in relation to licence renewals.
Under the deal, SKYCITY has had its licence, which was due to ex- pire in 2021, extended to 2048.

The Green Party is extremely dis- Commentary New Zealand International Convention Centre Bill 11 appointed that despite the extent of these concessions SKYCITY did not appear before the committee in relation to this bill.
The Gambling Act’s processes in relation to renewal are specific, ex- pert, independently conducted, and include a significant opportunity for the public and the Gambling Commission to examine casino op- erations.

If this legislation passes then the only opportunity anyone has to consider the appropriateness of this licence extension is the select committee process, a process that SKYCITY has not engaged in at all.
The deal also allows 230 extra pokie machines and a further 12 gam- ing tables that can be automated with up to 20 terminals per game.

Thus the real impact of the deal is actually 470 extra electronic gam- ing terminals.

When a society increases the opportunities to gamble, it increases problem gambling harm as a result.

Gambling harm hurts everyone.

It has a corrosive effect on societies and is directly linked to increased family breakdown, crime, child abuse and suicide.
The Green Party believe that a deal that trades the wellbeing of people for a building is wrong.

Officials have described as “almost certain” increases in harm to thousands of families as a result of the concessions.

Government Minsters were warned by the Department of Internal Affairs (DIA) officials that the extra gambling concessions in the bill would “almost certainly” increase gambling-related harm,1 and offi- cials warned that those who presented for help were likely to be the tip of the iceberg.
DIA officials estimated that about 6,500 children would be affected by gambling harm from the deal, and this could include “being inade- quately clothed and fed, and suffering other examples of deprivation and poor parenting”.

The Government has repeatedly said that any harm resulting from the gambling concessions in the deal will be offset by the “significant additional harm minimisation measures” the casino has signed up to.
1 DIA correspondence about the NZICC Bill retrieved from http://www.med.govt.nz/sectors-industries/regions-cities/pdf-docs-li- brary/nz-international-convention-centre/information-release/correspond- ence-on-harm-minimisation/correspondencepart1.pdf 12 New Zealand International Convention Centre Bill Commentary These include:2 • doubling the number of full-time host responsibility staff in Auckland from three to six, providing dedicated host respon- sibility staff onsite at all times, 24/7 introducing predictive modelling technology which analyses player data to help identify customers most at risk from gam- bling harm continuing to roll out SKYCITY’s voluntary pre-commitment programme allowing customers to set both the time and the amount they wish to spend over a given period.
• • Minsters were warned by Ministry of Health and DIA officials that the so-called harm reduction measures in the bill were largely either already being used by SKYCITY and offered no additional protec- tions at all, or in the case of voluntary pre-commitment, were largely useless.
More specifically, the Ministry of Health’s expert gambling harm team’s advice said that voluntary pre-commitment was unlikely to work, doubling host responsibility staff at SKYCITY was likely to have “minimal” effect, and the inclusion of predictive modelling in the deal was pointless unless it specified what the technology was supposed to achieve.3 The predictive model by Focal Research has been in use by SKY- CITY for some years but has not been independently reviewed or tested.4 This tool risk-profiles players for signs of problem gambling.
The data associated with the development of this algorithm is very important as it provides insight into SKYCITY’s business model and in particular how reliant the casino is on the turnover from at-risk or problem gamblers.
This is important as evidence from Australia, USA, Canada, and New Zealand suggests that between 15 percent 2 http://media.nzherald.co.nz/webcontent/document/pdf/201320/SkyAn- nounce.pdf 3 Health Ministry’s gambling harm minimisation team’s advice on the http://www.med.govt.nz/sectors-indus- Regulatory Impact Statement: tries/regions-cities/new-zealand-international-convention-centre-informa- tion-release/inter-departmental-correspondence-ris-bill 4 The Gambling Commission makes reference to the predictive algorithm in the 2007 decision approving the Skycity Auckland Host Responsibility Pro- gramme (GC24/07 – paragraph 55) Commentary New Zealand International Convention Centre Bill 13 to 33 percent of gambling revenue is derived from problem gam- blers.5This does figure does not include at-risk and affected others.
The increase of host responsibility staff from three to six does not necessarily mean that host responsibility measures will be improved.

SKYCITY has been considering investing in additional “on-the-floor” host responsibility staff from as early as 2007 when it commissioned Adelaide casino host responsibility coordinators programme.

Research from Australia shows that the Ticket-In Ticket-Out tech- nology that is also part of the deal reduces staff on the floor.
Trained staff on the floor is an effective method of harm minimisation.

The Problem Gambling Foundation (PGF) told the committee that the proposal by SKYCITY to introduce host responsibility initiatives is a move to make the deal more palatable.6 They agreed with the Ministry of Health and DIA advice that the host responsibility meas- ures contained in the Agreement are already in place and do not offer any meaningful improvement to SKYCITY’s current practices.
The predictive model by Focal Research has been in use by SKY- CITY since 2007 and is reported on to the Gambling Commission.

This tool identifies problem gamblers.

PGF is concerned that SKY- CITY will use this information to manage the gambler rather than stop the gambler.

The PGF asserted that 40 percent of money lost on pokie machines comes from people with a gambling problem.

Therefore SKY- CITY’s business model relies on problem gamblers continuing to spend money.
Overall PGF concluded that while the host responsibility measures look good on paper their experience of dealing with SKYCITY’s clients suggests the demands of revenue generation by SKYCITY will outweigh community and corporate responsibility consider- ations.

We were also concerned about the lack of clear evidence demonstrat- ing the economic benefits of the Agreement.

Many submitters raised concerns about the fact that there was economic analysis (such as 5 Williams, R. & Wood, R. (2004).
The demographic sources of Ontario gam- ing revenue.

A report prepared for the Ontario Problem Gambling Research Centre.

6 Problem Gambling Foundation Submission of NZICC Bill 14 New Zealand International Convention Centre Bill Commentary the Howarth and KordaMentha reports) showing a low rate of eco- nomic return and low numbers of jobs created, while other submitters referred to evidence that the job numbers would be significant.

How- ever, there is no evidence presented of the latter.
The regulatory impact statement (RIS) relies on a 2011 NZIER report and information “supplied by SKYCITY”.

The information supplied by SKYCITY has not been released.

However following parliamen- tary questions and an Official Information Act request the NZIER report was released to us recently.

The employment figures referred to in the RIS, “1000 construction jobs and 800 operational jobs at the NZICC itself”, are not contained anywhere in that report.
In fact, the NZIER report looks at the net employment impact in Auckland and nationally of the NZICC and concludes: • NZ net 120 full-time equivalent (FTE) jobs during construc- tion (380 in Auckland) • NZ net 18 FTE jobs during operation (340 in Auckland).

In other words, all the job gains are in Auckland, with the investment effects of the deal leading to 260 fewer FTE jobs outside Auckland during construction and 322 fewer FTE jobs outside Auckland during operation.
The Green Party has also obtained employment figures from Aus- tralian convention centres which show far fewer than the 800 jobs (500 FTEs) the Government claims will be delivered by this deal.

The 3,500-capacity Sydney convention centre employs 200 FTEs, and Melbourne’s 5,000-capacity convention centre employs 133 full- time and 273 casual staff.
University of Auckland law professor Jane Kelsey raised concerns that the contract between the Government and SKYCITY could put a halt to the effective regulation of gambling for the next 35 years.

Professor Kelsey said that foreign investors could sue any future gov- ernment for breaching New Zealand’s international investment obli- gations if any new laws reduced the profitability of the casino and the value of the company’s shares.
This case would not be heard by New Zealand courts but would take place in a private overseas investment tribunal.

New Zealand’s best defence in this case would be the fact that many of our existing free trade treaties provide room for the Government to regulate for public morals.

Commentary New Zealand International Convention Centre Bill 15 Professor Kelsey is concerned however that the proposed Trans-Pa- cific Partnership Agreement (TPP) would prove riskier.
The United States is one of the 11 potential signatories to this TPP agreement and some of SKYCITY’s shareholders are United States-based finance companies.

This bill, giving effect to the Agreement, opens New Zealand up to being sued by investors from those countries that have agreed to include investor state disputes clauses in this TPP agree- ment.
We do not agree that laws should be sold to the highest bidder, espe- cially if those laws are designed to protect the community from harm, and the changes to those laws benefit only a select few.

We also do not agree that future governments and future citizens should be constrained by decisions made by politicians today and threatened with financial penalties if they use their right to change the law, bettering the interests of public health, in the future.
The Green Party believes that this bill, which legislates for the SKY- CITY deal is legally flawed and morally wrong.

16 New Zealand International Convention Centre Bill Commentary Appendix Committee process The New Zealand International Convention Centre Bill was referred to the committee on 11 July 2013.

The closing date for submissions was 22 August 2013.

We received and considered 730 submissions from interested groups and individuals.

We received 6,105 form sub- missions.


We heard 34 submissions, which included holding hear- ings in Auckland and Wellington.

We heard evidence from Denise Roche on her petition.

We received advice from the Ministry of Business, Innovation and Employment.
Committee membership Jonathan Young (Chairperson) Kanwaljit Singh Bakshi Hon Clayton Cosgrove Clare Curran Kris Faafoi Julie Anne Genter Peseta Sam Lotu-Iiga Mark Mitchell Dr Jian Yang Hon Trevor Mallard replaced Clare Curran, and Metiria Turei re- placed Julie Anne Genter for this item of business.
New Zealand International Convention Centre Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text deleted by a majority Hon Steven Joyce New Zealand International Convention Centre Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Purpose and outline Interpretation Act binds the Crown Part 2 Substantive provisions Provisions relating to concessions Regulatory concessions authorised Clause 7.3 of Agreement has force of law Regulatory concessions administered and enforced in accordance with gambling law Obligations of Gambling Commission Obligations of Secretary Further provisions relating to Agreement No variations to Agreement that increase opportunities for casino gambling except by Act of Parliament Enforcement of Agreement Restrictive covenants Access to Agreement 140—2 Page 2 2 2 3 5 5 5 5 6 6 7 7 7 7 1 cl 1 New Zealand International Convention Centre Bill Provisions relating to permanent protection for names Protection of names Minister may authorise use of names Offence and penalty for contravention of section 15 Liability of officers of body corporate Flags, Emblems, and Names Protection Act 1981 amended Schedule 1 Text of regulatory concessions Schedule 2 Text of Schedule 13 of Agreement Schedule 3 Text of clause 7.3 of Agreement 8 8 8 9 9 10 13 18 The Parliament of New Zealand enacts as follows: Title This Act is the New Zealand International Convention Centre Act 2013.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

5 Part 1 Preliminary provisions Purpose and outline The overarching purpose of this Act is to provide economic benefits to New Zealanders by improving New Zealand’s cap- ability to host medium- to large-scale international confer- ences and related exhibitions through the construction and op- eration of an international-standard convention centre.
To this end, the Act— (a) gives effect to the agreement between the Crown and SKYCITY that provides for— 10 15 1 2 3 (1) (2) 2 (3) 4 (1) New Zealand International Convention Centre Bill Part 1 cl 4 (i) (ii) (iii) the construction and future operation of an inter- national convention centre; and the granting of changes to the regulatory regime applying to the SKYCITY Casino at Auckland; and the imposition of obligations on SKYCITY to adopt certain harm minimisation and anti-money laundering mechanisms; and 5 (b) provides for the protection, and control over the use, of the names New Zealand International Convention Cen- 10 tre and NZICC.
Subsection (2) is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the Agreement.
15 (b) Interpretation In this Act, unless the context otherwise requires,— Agreement— (a) means all provisions of the New Zealand International Convention Centre Project and Licensing Agreement as entered into between SKYCITY Entertainment Group 20 Limited and Her Majesty the Queen in right of New Zealand on 5 July 2013: includes variations to the Agreement after that date to the extent that they are permitted by the Agreement and are not prohibited by section 11 of this Act: after the date on which the Agreement is terminated, means any provisions of the Agreement (as it may have been so varied in accordance with paragraph (b)) that are expressed in the Agreement to have continuing ef- fect after the termination of the Agreement: after 30 June 2048, if the regulatory concessions re- main in force as at that date, means any provisions of the Agreement (as it may have been so varied in ac- cordance with paragraph (b)) that are expressed in the Agreement to have continuing effect after that date (d) (c) 35 30 25 3 Part 1 cl 4 New Zealand International Convention Centre Bill gambling law— (a) means the Gambling Act 2003 and any regulation, rule, standard, or notice made or continued under that Act; and includes any licence; and includes any change to any of the things referred to in paragraph (a) or (b) after the date on which the Agree- ment was entered into (b) (c) 5 licence— (a) means any licence granted or continued under the Gam- 10 15 bling Act 2003; and includes, to avoid doubt, a condition of a licence (b) Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the admin- istration of this Act Ministry means the department that is, with the authority of the Prime Minister, for the time being responsible for the ad- ministration of this Act regulatory concession or concession means a regulatory con- cession made set out in clause 7.2 of the Agreement (including, 20 to avoid doubt, those set out in Schedule 6 and Schedule 13 of the Agreement) as the
 concession is set out in Schedules 1 and 2 of this Act restrictive covenant means a restrictive covenant in a form set out in Schedule 10 of the Agreement SKYCITY means— (a) (b) SKYCITY Entertainment Group Limited; or if SKYCITY Entertainment Group Limited assigns or transfers the whole of its rights under the Agreement in accordance with its provisions, its assignee or trans- 30 feree; or if SKYCITY Entertainment Group Limited assigns or transfers part of its rights under the Agreement in ac- cordance with its provisions, SKYCITY Entertainment Group Limited and its assignee or transferee to the ex- 35 tent of the assignment or transfer (c) 25 SKYCITY Casino means the SKYCITY Casino at Auckland.
4 New Zealand International Convention Centre Bill Part 2 cl 8 (2) It is the intention of Parliament that sections 6 to 10 and 12 the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the Agreement.

5 Act binds the Crown This Act binds the Crown.


5 Part 2 Substantive provisions Provisions relating to concessions 6 (1) (2) Regulatory concessions authorised The regulatory concessions shall be operative at the times and 10 on the conditions that apply to the regulatory concessions in the Agreement.

The regulatory concessions prevail if a regulatory concession is inconsistent with any provision of the gambling law, and the application of the provision of the gambling law is modified 15 accordingly.
(3) Despite subsection (2), the provision of the gambling law prevails if its application would be more favourable in relation to SKYCITY Casino than the regulatory concession.

7 8 (1) Clause 7.3 of Agreement has force of law Clause 7.3 of the Agreement as set out in Schedule 3 of this Act has the force of law to the extent necessary to give effect to the regulatory concessions and to the Agreement.
Regulatory concessions administered and enforced in accordance with gambling law Subject to section 6, the Gambling Act 2003 The gambling law applies to the regulatory concessions, and all gambling conducted under the concessions, as if they were authorised by or permitted under that Act the gambling law.
(2) Without limiting subsection (1),— (a) the regulatory concessions, and all gambling conducted under the concessions, must be administered, moni- 20 25 30 5 Part 2 cl 9 New Zealand International Convention Centre Bill (b) tored, and enforced in accordance with the gambling law as modified by this Act; and the power under section 370 of the Gambling Act 2003 to make regulations prescribing fees or charges payable to enable recovery of the direct and indirect costs of 5 the Secretary for Internal Affairs, the Gambling Com- mission, or the Police in administering the Act, enforc- ing and monitoring compliance with the Act, and doing anything else authorised or required by the Act, must be taken to include the power to make regulations to 10 enable the recovery of the direct and indirect costs of the Secretary, the Commission, or the Police in doing any of those things in relation to the regulatory conces- sions and all gambling conducted under the regulatory concessions.
15 Obligations of Gambling Commission Without limiting sections 6 and 8(2)(a) The Gambling Commission must— (a) the Gambling Commission must ensure that the condi- tions of each licence for SKYCITY Casino are consis- 20 tent with, and give effect to, the regulatory concessions; and the Gambling Commission must exercise its functions and powers under the gambling law consistently with this Act.
25 (b) Obligations of Secretary Without limiting sections 6 and 8(2)(a), the The Secretary for Internal Affairs must exercise the powers under sections 141, 327, and 367 of the Gambling Act 2003 in a manner that is consistent with this Act, to the extent necessary to give effect 30 to the regulatory concessions.
9 10 6 11 (1) (2) 12 (1) (2) 13 14 (1) (2) New Zealand International Convention Centre Bill Part 2 cl 14 Further provisions relating to Agreement No variations to Agreement that increase opportunities for casino gambling except by Act of Parliament The regulatory concessions may not be varied to increase the opportunities for casino gambling that are available as a result 5 of the regulatory concessions except by an Act of Parliament.
Subsection (1) does not apply to a change made to, or variation of, in accordance with the Agreement, the monetary thresholds in Schedule 13 of the Agreement in respect of the ability to use TITO technology and cashless card-based 10 technology (as those terms are defined in the Agreement).
Enforcement of Agreement The Agreement is enforceable by the Crown and SKYCITY in accordance with its terms, including the financial and non-fi- nancial remedies (and, to avoid doubt, compensation) as pro- 15 vided for in the Agreement.

This section applies despite any rule of law or equity to the contrary relating to the enforceability of any contract provision that specifies remedies in the event of a breach of the contract.
Restrictive covenants The restrictive covenants are deemed to be covenants to which section 307 of the Property Law Act 2007 applies and may be notified and are enforceable accordingly, despite any rule of law to the contrary.

Access to Agreement The Ministry must ensure that— (a) (b) the Agreement is publicly available on and after the date on which this Act comes into force; and any variation to the Agreement is publicly available after the close of the date on which the variation comes 30 into force.
In this section, publicly available means available for inspec- tion, free of charge, at all reasonable times on an Internet site maintained by or on behalf of the Ministry.
7 20 25 Part 2 cl 15 New Zealand International Convention Centre Bill Provisions relating to permanent protection for names Protection of names 15 (1) No body may be incorporated or registered under any enact- ment or in any other manner under any of the following: (a) New Zealand International Convention Centre; or (b) NZICC; or (c) any name that so closely resembles either of those names that it is likely to mislead any person.
(2) No person may, either alone or with any other person, do any of 10 the following without the authorisation of the Minister given under section 16: (a) 5 use a name referred to in subsection (1) as the name of an unincorporated association or organisation: trade or carry on business under a name referred to in 15 subsection (1): use a name referred to in subsection (1) as the name of any building.
(b) (c) (3) The prohibition in subsection (1) does not apply to the company registered with the name New Zealand International 20 Convention Centre Limited at the date on which the Agree- ment was entered into.

16 Minister may authorise use of names (1) The Minister may authorise a person to do all or any of the things described in section 15(2)(a) to (c).
The authorisation may be given on any terms and conditions that the Minister thinks fit, including that the person pay the Crown an amount that the Minister thinks reasonable, whether by way of royalty or otherwise.

(2) 25 (3) No authorisation under this section has effect unless it is given 30 or confirmed in writing.

The Minister may, by notice in writing, revoke an authorisa- tion given under this section.
Offence and penalty for contravention of section 15 A person who contravenes section 15 commits an offence 35 and is liable on conviction to,— (4) 17 8 New Zealand International Convention Centre Bill Part 2 cl 19 (a) (b) in the case of an individual,— (i) (ii) a fine not exceeding $5,000; and in the case of a continuing offence, a further fine not exceeding $500 for every day or part of a day during which the offence continues; and in the case of a body corporate,— (i) (ii) a fine not exceeding $50,000; and in the case of a continuing offence, a further fine not exceeding $5,000 for every day or part of a day during which the offence continues.
18 Liability of officers of body corporate If any body corporate is convicted of an offence against sec- tion 17, every director, officer, or other natural person con- cerned in the management of the body corporate is guilty of the offence if it is proved that— (a) the act that constituted the offence took place with the person’s authority, permission, or consent; or the person knew the offence was to be or was being committed and failed to take all reasonable steps to pre- vent or stop it.
(b) 19 (1) (2) Flags, Emblems, and Names Protection Act 1981 amended This section amends the Flags, Emblems, and Names Protec- tion Act 1981.
In Schedule 3, after the item relating to the New Zealand Film Commission Act 1978: section 34, insert: New Zealand International Convention Centre Act 2013: section 15 New Zealand International Convention Centre, NZICC 9 Schedule 1 New Zealand International Convention Centre Bill Schedule 1 Text of regulatory concessions ss 4, 6 This is an extract from the Agreement.

The provisions are set out only for the purpose of this Act, particu- larly section 6.
5 Clause 7.2 of Agreement The Regulatory Concessions are: a 10 The initial term of the Venue Licence is extended from the current expiry date of 1 February 2021 to 30 June 2048.

The areas defined as constituting the Casino Venue in the Venue Licence, is amended by the addition of the further area described in Schedule 6 (Increase in Area of Casino Venue).
In addition to the 1,647 Gaming Machines already per- 15 mitted under the Conditions of the Casino Operator’s Licence, the holder of the Operator’s Licence may in- stall and operate in the Gambling Area of the Casino Venue during the opening hours of the Casino up to 230 additional Single Terminal Gaming Machines.
In addition to the 110 gaming tables already permitted under the Conditions of the Casino Operator’s Licence (not counting any substitute tables or non-gambling fun play tables approved from time to time by the Gambling Commission), the holder of the Operator’s Licence may 25 install and operate in the Gambling Area of the Casino Venue during the opening hours of the Casino up to 40 additional gaming tables, having, in aggregate, the average gambling opportunities of 40 gaming tables at the date of this Agreement.
In addition to the Gaming Machines and gaming tables (already permitted and additional) referred to in clauses 7.2c and 7.2d, the holder of the Operator’s Licence may install and operate in the Gambling Area of the Casino Venue during the opening hours of the Casino: 30 20 35 b c d e 7.2 10 New Zealand International Convention Centre Bill Schedule 1 i ii up to 240 additional Automated Table Game ter- minals which may not be substituted for Single Terminal Gaming Machines; or in the alternative up to 12 further gaming tables, if each such gam- ing table is substituted for 20 of the additional 5 Automated Table Game terminals referred to in clause 7.2ei, at the discretion of the holder of the Operator’s Licence.
The maximum denomination of banknotes able to be accepted by up to 359 Gaming Machines (whether Sin- 10 gle Terminal Gaming Machines or Automated Table Game terminals, or a mix of both, at the discretion of the holder of the Operator’s Licence), to be operated in Restricted Areas only, is increased from $20 to $100.
The holder of the Operator’s Licence may, in substitu- 15 tion for the current approval under game rules to oper- ate TITO Technology on 300 Gaming Machines, intro- duce and operate Cashless Card Based Technology and TITO Technology on all Single Terminal Gaming Ma- chines, Automated Table Game terminals, Electronic 20 Table Games and other table games in the Gambling Area of the Casino Venue as set out in Schedule 13 (TITO and Cashless Gaming Technology).
f g Schedule 6 of Agreement Increase in Area of Casino Venue The area defined as constituting the casino premises in the casino venue licence for the Auckland Casino shall include, in addition to the land and buildings already specified (being certificates of title NA58A/312, NA60C/167 and (now) NA98B/746), the additional areas specified below: All of the land and buildings situated at 86 Federal Street, 65-71 Federal Street and 109-125 Albert Street, Auckland, being the parcels of land comprising: (i) All that parcel of land containing 564 square metres more or less being Lot 2 Deposited Plan 52242 (Certificate of Title 35 NA2C/900 North Auckland Registry); 25 30 11 Schedule 1 New Zealand International Convention Centre Bill (ii) All that parcel of land containing 278 square metres more or less being Part Allotment 7, Section 22 City of Auckland (Cer- tificate of Title NA2D/834 North Auckland Registry); (iii) All that parcel of land containing 278 square metres more or less being Lot 1 of the subdivision of Allotment 6, Section 22 5 City of Auckland (Certificate of Title NA84/278 North Auck- land Registry); (iv) All that parcel of land containing 567 square metres more or less being Part Allotment 6-7, Section 22 City of Auckland (Certificate of Title NA147/129 North Auckland Registry); (v) All that parcel of land containing 845 square metres more or less being Part Allotments 6 and 7, Section 22 Town of Auck- land (Certificate of Title NA599/2 North Auckland Registry); (vi) All that parcel of land containing 281 square metres more or 10 less being Part Allotment 6, Section 22 Town of Auckland 15 (Certificate of Title NA599/3 North Auckland Registry); (vii) All that parcel of land containing 278 square metres more or less being Part Allotment 8, Section 22 Town of Auckland (Certificate of Title NA599/4 North Auckland Registry); (viii) All that parcel of land containing 329 square metres more or 20 less being Lot 2 Deposited Plan 28234 (Certificate of Title NA818/165 North Auckland Registry); (ix) All that parcel of land containing 316 square metres more or less being Lot 1 Deposited Plan 28234 and Part Allotment 5, Section 22 City of Auckland (Certificate of Title NA819/183 25 North Auckland Registry); (x) All that parcel of land containing 706 square metres more or less being Lot 1 Deposited Plan 46555 (Certificate of Title NA1654/99 North Auckland Registry).
In addition, that part of the land and buildings already specified in 30 the Venue Licence that is described as the “bus terminal”, which is no longer to be excluded.

12 Schedule 2 Text of Schedule 13 of Agreement Schedule 13 TITO and Cashless Gaming Technology This is an extract from the Agreement.

The provisions are set out only for the purpose of this Act, particularly section 6.
TITO In flows Out flows In flows Out flows Non-Restricted Areas Restricted Areas ss 4, 6 5 Single Terminal Gaming Machines, Automated Table Games, Electronic Table Games and other table games Kiosk 1 3 ie.

Insertion of cash or a valid ticket into a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game Maximum cash or credits in of $5,999 Insert cash to ie.

purchase tickets Maximum cash $500, converting to tickets ie.
Generate/purchase ticket by “collecting credits” Maximum $500 ticket (over $500 reverts to Attendant handpay).

ie insert ticket to redeem for cash Ticket ≤$500 converting to cash, in $20 notes only ie.

Insertion of cash or a valid ticket into a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game Maximum cash or credits in of $5,999 Insert cash to ie.

purchase tickets Maximum cash $1,000, converting to tickets ie.
Generate/purchase ticket by “collecting credits” Maximum $5,999 ticket (over $5,999 reverts to Attendant handpay) ie Insert ticket to redeem for cash Ticket ≤$1,000 converting to cash in any denomination Schedule 13—continued TITO Cash Desk Non-Restricted Areas Restricted Areas In flows Out flows In flows Out flows ie.
Purchase of tickets for cash Unlimited cash, converting to tickets (each ≤ $5,999) Single or multiple ticket values in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log ie.

Presentation of ticket for redemption for cash Ticket converting to cash; Single or multiple ticket values in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log ie.
Purchase of tickets for cash Unlimited cash, converting to tickets (each ≤ $5,999) ie.

Presentation of ticket for redemption for cash Tickets converting to cash Loyalty Card In flows Out flows In flows Out flows Non-Restricted Areas Restricted Areas Single Terminal Gaming Machines, Automated Table Games, Electronic Table Games and other table games i.e.
transfer of stored cash equivalent credits from card onto a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game i.e.

‘Collecting’ credits and transferring back to card i.e.

transfer of cash equivalent credits from card onto a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game i.e.
‘Collecting’ credits and transferring back to card Schedule 13—continued Loyalty Card In flows Out flows In flows Out flows Non-Restricted Areas Restricted Areas Maximum $5,999 cash equivalent credits transferred from card Maximum $5,999 credits transferred to card by player Unlimited cash equivalent credits transferred from card i.e.

transfer cash onto card Maximum cash $5,999 transferring to card i.e.
exchange credits for cash Card based credits ≤$5,999 converting to cash, in $20 notes only i.e.

transfer cash onto card Maximum cash $5,999 transferring to card i.e.

transfer cash onto card Unlimited cash transferring to card.

i.e.

exchange credits for cash Unlimited card based credits converting to cash.

i.e.

transfer cash onto card Unlimited cash transferring to card.

Unlimited cash equivalent credits transferred to card by player i.e.
exchange credits for cash Card based cash equivalent credits ≤ $5,999 converting to cash in any denomination.

i.e.

exchange credits for cash Unlimited card based credits converting to cash.
Kiosk Cash Desk 1 5 1 6 Schedule 13—continued White card In flows Out flows In flows Out flows Non-Restricted Areas Restricted Areas Single Terminal Gaming Machines, Automated Table Games, Electronic Table Game and other table games Kiosk i.e.
transfer of stored cash equivalent credits from card onto a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game Maximum $5,999 cash equivalent credits transferred from card i.e.

transfer cash onto card Maximum cash $500 transferring to card i.e.

‘Collecting’ credits and transferring back to card Maximum $5,999 credits transferred to card by player i.e.

exchange credits for cash Card based credits ≤$500 converting to cash, in $20 notes only i.e.
transfer of stored cash equivalent credits from card onto a Single Terminal Gaming Machine, Automated Table Game, Electronic Table Game or other table game Maximum $5,999 cash equivalent credits transferred from card i.e.

transfer cash onto card Maximum cash $500 transferring to card i.e.

‘Collecting’ credits and transferring back to card Maximum $5,999 credits transferred to card by player i.e.
exchange credits for cash Card based credits ≤$500 converting to cash, in any denomination White card Cash Desk Schedule 13—continued Non-Restricted Areas Restricted Areas In flows Out flows In flows Out flows i.e.

transfer cash onto card Unlimited cash transferring to card; value in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log i.e.
exchange credits for cash Value in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log i.e.

‘transfer cash onto card Unlimited cash transferring to card; value in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log i.e.
exchange credits for cash Value in excess of $500 will require presentation of suitable ID which will be recorded in Cashier log Note: the references to ‘Maximum $5,999’ have been set by reference to the definition of ‘Occasional Transaction’ in the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the applicable threshold value set pursuant to the regulations under Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Accord- ingly, these references will be automatically adjusted in the event that the amount in that definition or the applicable threshold changes, for alignment with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 5 and the regulations made under that Act.

The Secretary may, with the written consent of SKYCITY, adjust the ticket thresholds and denominations in this Schedule 13 to take account of circumstances that exist from time to time.
Nothing precludes the TITO or cashless technology being used interchangeably between different game types Schedule 3 New Zealand International Convention Centre Bill Schedule 3 Text of clause 7.3 of Agreement s 7 This is an extract from the Agreement.

The provisions are set out only for the purpose of this Act, particu- larly section 7.
5 The further regulatory changes to implement the Regulatory Concessions are: a To give effect to the Regulatory Concessions in clauses 7.2c, 7.2d and 7.2e, the Conditions of the Casino Op- erator’s Licence are consequentially amended to record 10 the Regulatory Concessions set out in clauses 7.2c, 7.2d and 7.2e, as follows: i inserting after the current condition 5 new condi- tion 5A: 5A Notwithstanding anything in condition 5, 15 the Licence Holder may install and oper- ate in the Gambling Area, in addition to the gaming machines specified in condition 5, up to 230 additional Single Terminal Gam- ing Machines.
20 ii iii inserting after the current condition 6 new condi- tion 6AA: 6AA In addition to the gaming tables specified in conditions 6, 6A and 6B the Licence Holder may install and operate in the Gam- 25 bling Area, up to 40 additional gaming tables.
inserting after the current condition 6AA new condition 6AAA: 6AAA Notwithstanding anything in condition 5, 30 and in addition to the gaming machines specified in conditions 5 and 5A and the gaming tables specified in conditions 6, 6A, 6B and 6AA, the Licence Holder may install and operate in the Gambling Area: up to 240 additional Automated (a) Table Game terminals which may 35 7.3 18 iv v vi vii viii ix New Zealand International Convention Centre Bill Schedule 3 (b) not be substituted for Single Ter- minal Gaming Machines; or in the alternative up to 12 further gaming tables, if each such gaming table is substi- 5 tuted for 20 of the Automated Table Game terminals referred to in para- graph (a) above, at the discretion of the Licence Holder.
amending condition 6 to read “The number of 10 gaming tables in the Gambling Area shall not exceed 110 except as permitted by conditions 6A, 6AA, 6AAA and 6B”; deleting Mix A from the Annexes to the Oper- ator’s Licence and inserting the New Mix A and 15 New Mix A.1 contained in Schedule 12 (New Game Mix A and New Game Mix A.1); inserting new condition 6D which reads as fol- lows: 6D Notwithstanding anything in conditions 5, 20 5A, 6, 6AA, 6AAA, 6A, 6B and 6C at no time shall the number of Single Terminal Gaming Machines in the Gambling Area exceed 1877. amending condition 6A to refer to “condition 6, 25 condition 6AA and condition 6AAA”; amending condition 6B to refer to “condition 6, condition 6A, condition 6AA and condition 6AAA”; and inserting new definitions in condition 4 which 30 read as follows: The following terms have the meanings set out in the Agreement: Agreement means the agreement given effect by the New Zealand International Convention Cen- 35 tre Act.
Automated Table Game means a gaming ma- chine which replicates games played on table 19 Schedule 3 New Zealand International Convention Centre Bill games and allows more than one person to play at the same time at different terminals.

Single Terminal Gaming Machine means a gaming machine at which only one person may gamble at any time.
5 To give effect to the matters in clause 7.2g: i the minimum standards prescribed by the Sec- retary pursuant to section 327 of the Gambling Act are amended by the introduction of the new Minimum Standards in Schedule 14 (Minimum 10 Standards).
The Minimum Standards apply only to gambling equipment that may be operated at the Auckland Casino; the minimum operating standards specified by the Secretary pursuant to section 141 of the Gam- 15 bling Act are amended by the introduction of the new Minimum Operating Standards in Schedule 14A (Minimum Operating Standards); and the following game rule, namely Part 5A of Div- ision III – Electronic Gaming Machines of the 20 Rules of Casino Keno, Racing Game and Gam- ing Machines, is revoked (having been replaced with the Minimum Standards).
ii iii 25 If the Regulatory Concessions are removed prior to 30 June 2048 pursuant to the terms of this Agreement: the Casino may continue to be operated with- i out the Regulatory Concessions (except to the extent that any of those Regulatory Concessions would otherwise be available in the absence of this Agreement); all necessary consequential regulatory changes, including to the definition of the Casino Venue in the Venue Licence, and to any licence condi- tions, approvals, minimum standards, minimum operating standards and game rules, to give ef- 35 fect to clauses 7.3ci and 7.3ciii, will be deemed to have been made; and 30 ii b c 20 New Zealand International Convention Centre Bill Schedule 3 iii the right of the holder of the Venue Licence to apply to renew the Venue Licence is to be pre- served as follows: A B C The holder of the Venue Licence may still exercise its right to apply to renew the 5 Venue Licence in the period specified in section 134(2) of the Gambling Act.
If the period for making an application under section 134(2) of the Gambling Act has passed, or if the expiry date of the 10 original 25 year term of the licence has passed, any application made within 2 years of the removal of any Regulatory Concessions pursuant to the terms of this Agreement is deemed to have been made 15 within time, and all the renewal provisions in the Gambling Act will apply.
The Venue Licence will continue in force until the Gambling Commission decides whether or not to renew the Venue Licence 20 and all appeals to the courts are decided or the period for appeal has expired.
d If the Regulatory Concessions remain in force as at 30 June 2048: i ii the Casino may continue to be operated, includ- 25 ing with the Regulatory Concessions, but only if and to the extent that the Venue Licence is renewed by the Gambling Commission follow- ing an application in terms of clauses 7.3dii and 7.3diii; and the right of the holder of the Venue Licence to apply to renew that licence (including with the Regulatory Concessions) is preserved as follows: The holder of the Venue Licence may still A exercise its right to apply to renew the li- 35 cence as if renewals had been approved throughout the Term, and may make an ap- plication at least 12 months but not more than 2 years prior to 30 June 2048 in ac- 30 21 Schedule 3 New Zealand International Convention Centre Bill B cordance with section 134 of the Gambling Act.
The renewal provisions of the Gam- bling Act will apply as though the applica- tion had been made within time.
The Venue Licence, and the Regulatory 5 Concessions will continue in force until the Gambling Commission decides, in ac- cordance with the renewal provisions of the Gambling Act, as modified by clauses 7.3di, 7.3dii, and 7.3diii, whether or not 10 to renew the Venue Licence, and, if so, to what extent and on what conditions, and all appeals to the courts are decided or the period for appeal has expired.
iii iv As part of its consideration of whether the Venue 15 Licence should be renewed, the Gambling Com- mission shall also consider the appropriateness of the continuation of the Regulatory Concessions as a matter which shall also be addressed in the Casino Impact Report required under section 134 20 of the Gambling Act, and in light of that Report and any other matters specified in section 136 of the Gambling Act that the Gambling Commis- sion considers relevant, shall be entitled to make a determination as to whether, and to what ex- 25 tent, the Regulatory Concessions continue after 30 June 2048.
If the Gambling Commission decides that the Regulatory Concessions should not continue but that the Venue Licence should otherwise be re- 30 newed the provisions of clauses 7.3ci and 7.3cii shall apply.
e If this Agreement is terminated after Completion but be- fore 30 June 2048 due to a Termination Event other than any of the circumstances described in clauses 22.1ciii 35 to 22.1cvi, the Regulatory Concessions shall remain in full force and effect until a determination has been made 22 New Zealand International Convention Centre Bill under clauses 7.3diii and 7.3diiB (and all appeals to the courts are decided or the period for appeal has expired).
Legislative history Introduction (Bill 140–1) First reading and referral to Commerce Committee 8 July 2013 11 July 2013 12 Published under the authority of the House of Representatives—2013 Wellington, New Zealand: 23