New Zealand International Convention Centre Act 2013

1: Title
This Act is the New Zealand International Convention Centre Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose and outline
1: The overarching purpose of this Act is to provide economic benefits to New Zealanders by improving New Zealand's capability to host medium- to large-scale international conferences and related exhibitions through the construction and operation of an international-standard convention centre.
2: To this end, the Act—
a: gives effect to the agreement between the Crown and SKYCITY that provides for—
i: the construction and future operation of an international convention centre; and
ii: the granting of changes to the regulatory regime applying to the SKYCITY Casino at Auckland; and
iii: the imposition of obligations on SKYCITY to adopt certain harm minimisation and anti-money laundering mechanisms; and
b: provides for the protection, and control over the use, of the names New Zealand International Convention Centre and NZICC.
3: 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.
4: Interpretation
1: 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 Limited and Her Majesty the Queen in right of New Zealand on 5 July 2013:
b: 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
c: 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 effect after the termination of the Agreement:
d: after 30 June 2048, if the regulatory concessions remain in force as at that date, 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 effect after that date gambling law
a: means the Gambling Act 2003
b: includes any change to any of the things referred to in paragraph (a) after the date on which the Agreement was entered into licence
a: means any licence granted or continued under the Gambling Act 2003
b: includes, to avoid doubt, a condition of a licence Minister Ministry regulatory concession concession Schedules 1 2 restrictive covenant SKYCITY
a: SKYCITY Entertainment Group Limited; or
b: if SKYCITY Entertainment Group Limited assigns or transfers the whole of its rights under the Agreement in accordance with its provisions, its assignee or transferee; or
c: if SKYCITY Entertainment Group Limited assigns or transfers part of its rights under the Agreement in accordance with its provisions, SKYCITY Entertainment Group Limited and its assignee or transferee to the extent of the assignment or transfer SKYCITY Casino
2: It is the intention of Parliament that 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.
2: Substantive provisions
Provisions relating to concessions
6: Regulatory concessions authorised
1: The regulatory concessions shall be operative at the times and on the conditions that apply to the regulatory concessions in the Agreement.
2: 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 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: Clause 7.3 of Agreement has force of law
Clause 7.3 of the Agreement as set out in Schedule 3
8: Regulatory concessions administered and enforced in accordance with gambling law
1: The gambling law applies to the regulatory concessions, and all gambling conducted under the concessions, as if they were authorised by or permitted under the gambling law.
2: Without limiting subsection (1),—
a: the regulatory concessions, and all gambling conducted under the concessions, must be administered, monitored, and enforced in accordance with the gambling law as modified by this Act; and
b: the power under section 370
9: Obligations of Gambling Commission
The Gambling Commission must—
a: ensure that the conditions of each licence for SKYCITY Casino are consistent with, and give effect to, the regulatory concessions; and
b: exercise its functions and powers under the gambling law consistently with this Act.
10: Obligations of Secretary
The Secretary for Internal Affairs must exercise the powers under sections 141 327 367 Further provisions relating to Agreement
11: No variations to Agreement that increase opportunities for casino gambling except by Act of Parliament
1: The regulatory concessions may not be varied to increase the opportunities for casino gambling that are available as a result of the regulatory concessions except by an Act of Parliament.
2: 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 technology (as those terms are defined in the Agreement).
12: Enforcement of Agreement
1: The Agreement is enforceable by the Crown and SKYCITY in accordance with its terms, including the financial and non-financial remedies (and, to avoid doubt, compensation) as provided for in the Agreement.
2: 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.
13: Restrictive covenants
The restrictive covenants are deemed to be covenants to which section 307
14: Access to Agreement
1: The Ministry must ensure that—
a: the Agreement is publicly available on and after the date on which this Act comes into force; and
b: any variation to the Agreement is publicly available after the close of the date on which the variation comes into force.
2: In this section, publicly available Provisions relating to permanent protection for names
15: Protection of names
1: No body may be incorporated or registered under any enactment 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 the following without the authorisation of the Minister given under section 16
a: use a name referred to in subsection (1) as the name of an unincorporated association or organisation:
b: trade or carry on business under a name referred to in subsection (1):
c: use a name referred to in subsection (1) as the name of any building.
3: The prohibition in subsection (1) does not apply to the company registered with the name New Zealand International Convention Centre Limited at the date on which the Agreement 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)
2: 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.
3: No authorisation under this section has effect unless it is given or confirmed in writing.
4: The Minister may, by notice in writing, revoke an authorisation given under this section.
17: Offence and penalty for contravention of section 15
A person who contravenes section 15
a: in the case of an individual,—
i: a fine not exceeding $5,000; and
ii: 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
b: in the case of a body corporate,—
i: a fine not exceeding $50,000; and
ii: 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 section 17
a: the act that constituted the offence took place with the person's authority, permission, or consent; or
b: the person knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
19: Flags, Emblems, and Names Protection Act 1981 amended
1: This section amends the Flags, Emblems, and Names Protection Act 1981
2: In Schedule 3 section 34 New Zealand International Convention Centre Act 2013: section 15 New Zealand International Convention Centre, NZICC 2013-11-19 Flags, Emblems, and Names Protection Act 1981