The Short Title of this Act is “The Gaming and Lotteries Act, 1881.”

The term “gaming house” includes betting house, and any house, room, premises, or place where any lottery is conducted.

Any Justice of the Peace, upon complaint made before him on oath that there is reason to suspect any house, room, premises, or place to be kept or used as a common gaming house, and that it is commonly reported and believed by the deponent so to be, may give authority, by special warrant under his hand in the form contained in the Schedule hereto, when in his discretion he shall think fit, to any constable or peace officer to enter with such assistance as may be found necessary into such house, room, premises, or place, and if necessary to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before any two Justices all such persons found therein, and to seize all tables and instruments of gaming found in such house, room, premises, or place, and also to seize all moneys and securities for money found therein.

The constable or peace officer making such entry as aforesaid, in obedience to any such warrant, may search all parts of the house, room, premises, or place which he shall have so entered, where he shall suspect that tables or instruments of gaming are concealed, and all persons whom he shall find therein, and may seize all tables and instruments of gaming found in such house, room, premises, or place, and also may seize all moneys found therein.

The owner or keeper of the said gaming house, or other person having the care or management thereof, and also every banker, croupier, and other person who acts in any manner in conducting the said gaming house, room, premises, or place, shall be liable on conviction to a penalty of not more than one hundred pounds, or, in the discretion of the Justices before whom he shall be convicted of the offence, to be committed to the nearest gaol with or without hard labour for any term not exceeding six months.

Upon the conviction of any such offender all the moneys and securities for money which shall have been seized as aforesaid shall be forfeited to Her Majesty; and every person found in such house, room, premises, or place, without lawful excuse, shall be liable to a penalty of not more than five pounds.

In default of other evidence proving any house, room, premises, or place to be a common gaming house or place for gaming, it shall be sufficient, in support of the allegation in any indictment or information that any house, room, premises, or place is a common gaming house or place for gaming, to prove that such house, room, premises, or place is kept or used for playing therein at any unlawful game, or that a bank is kept there by one or more of the players exclusively of the others, or that the chances of any game played therein are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet.

Every such house, room, premises, or place shall be deemed a common gaming house or place for gaming such as is contrary to law and forbidden to be kept by all Acts containing any provision against unlawful games or gaming houses.

It shall not be necessary, in support of any information for gaming in, or suffering any games or gaming in, or for keeping or using or being concerned in the management or conduct of, a common gaming house or place for gaming, to prove that any person found playing at any game was playing for any money, wager, or stake.

Where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game are found in any house, room, premises, or place suspected to be used as a common gaming house or place for gaming, and entered under a warrant under the provisions of this Act, or about the person of any of those who shall be found therein,

It shall be evidence, until the contrary be made to appear, that such house, room, premises, or place is used as a common gaming house, and that the persons found in the room or place where such tables or instruments of gaming shall have been found were playing therein, although no play was actually going on in the presence of the constable or peace officer entering the same under such warrant, or in the presence of those persons by whom he shall be accompanied as aforesaid:

And the Justices before whom any person is taken by virtue of the said warrant may direct all such tables and instruments of gaming to be forthwith destroyed.

Every person playing or betting, by way of wagering or gaming, in any public place, at or with any table, instrument, or means of wagering or gaming, or any coin, card, token, or other article used as an instrument or means of such wagering or gaming, at any game or pretended game of chance, shall, on conviction thereof, be liable to a penalty not exceeding fifty pounds, or, in the discretion of the convicting Justices, to be imprisoned with or without hard labour for any term not exceeding three months.

The instrument known as the totalizator, and every machine or instrument of a like kind, or conducted upon the like principle, shall be an instrument for gaming or wagering within the meaning of this Act, except the same be used in conformity with the provisions hereinafter contained in sections forty-six and forty-seven of this Act.

Every such table, instrument, coin, card, token, or other article may be seized and taken possession of by any police officer or constable, and forthwith destroyed.

The Chinese games known as fan-tan, pa-ka-poo, or any similar game, are hereby declared to be games of chance within the meaning of this Act.

Any person keeping a house in which it shall be proved that any Chinese game known as fan-tan, pa-ka-poo, or any similar game is played, or any person playing any such game in any such house, shall be liable on conviction to a penalty not exceeding fifty pounds, or, in the discretion of the Court, to be imprisoned with hard labour for any term not exceeding three months.

No house, office, room, or other place shall be opened, kept, or used

Every house, office, room, or other place opened, kept, or used for the purposes aforesaid or any of them is hereby declared to be a common nuisance and contrary to law.

Every house, room, office, or place opened, kept, or used for the purposes recited in the last-mentioned section, or any of them, shall be taken and deemed to be a common gaming house.

Any person who, being the owner or occupier of any house, office, room, or other place, or a person using the same, shall open, keep, or use the same for the purposes hereinbefore mentioned or any of them; or

Shall knowingly and wilfully permit the same to be opened, kept, or used by any other person for the purposes aforesaid or any of them; and

Any person having the care or management of or in any manner assisting in conducting the business of any house, office, room, or place opened, kept, or used for the purposes aforesaid or any of them,

Shall be liable on conviction to a penalty of not more than one hundred pounds, or, in the discretion of the Justices before whom he shall be convicted of the offence, to be committed to the nearest gaol with or without hard labour for any term not exceeding six calendar months.

Any person being the owner or occupier of any house, office, room, or place opened, kept, or used for the purposes aforesaid or any of them, or any person acting for or on behalf of any such owner or occupier, or any person having the care or management or in any manner assisting in conducting the business thereof, who shall receive directly or indirectly any money or valuable thing

As a deposit on any bet on condition of paying any sum of money or other valuable thing on the happening of any event or contingency of or relating to a horse race, or any other race, or any fight, game, sport, or exercise; or

As or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any such event or contingency; and

Any person giving any acknowledgment, note, security, or draft on the receipt of any money or valuable thing so paid or given as aforesaid, purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of any such event or contingency as aforesaid,

Shall be liable on conviction to a penalty of not more than fifty pounds, or, in the discretion of the Justices by whom he shall be convicted of the offence, to be committed to the nearest gaol with or without hard labour for any term not exceeding three calendar months.

Any money or valuable thing received by any such person as aforesaid as a deposit on any bet, or as or for the consideration for any such assurance, undertaking, promise, or agreement as aforesaid, shall be deemed to have been received to or for the use of the person from whom the same was received, and such money or valuable thing or the value thereof may be recovered accordingly with full costs of suit in any Court of competent jurisdiction.

No person, under any pretence, form, denomination, or description whatsoever, or by means of any device or contrivance whatsoever, shall sell or dispose of, or agree or promise, whether with or without consideration, to sell or dispose of any real or personal property whatsoever, to or among any person or persons whomsoever, by means of any game of chance, or of any other contrivance or device whatsoever, whereby any such real or personal property shall be sold or disposed of, or divided or allotted to or among any person or persons, by lottery or chance, whether by the throwing or casting of any dice, or the drawing of any tickets, cards, lots, numbers, or figures, or by means of any wheel, or otherwise howsoever.

Every person who shall, contrary to the provisions hereof, sell or dispose of, or agree or promise, whether with or without consideration, to sell or dispose of, any lands or tenements, or any estate or interest therein, or of any ship or vessel, goods, wares, or merchandise whatsoever, shall for every such offence forfeit and pay a sum not exceeding one hundred pounds.

Any person who shall establish, commence, or be a partner in any lottery, or in any scheme by which prizes, whether of money or of any other matter or thing, are gained, drawn for, thrown or competed for, by lot, dice, or any other mode of chance, or who shall sell or dispose of any tickets or other means by which permission or authority is gained or given to any person to throw for, compete, or have any interest in any such lottery or scheme, and any person who shall manage or conduct, or assist in managing or conducting, any such lottery or scheme, shall for every such offence forfeit and pay a sum not exceeding two hundred pounds, and for any second offence, besides such penalty, shall be liable to imprisonment for any term not exceeding six months.

If any person, being the owner of any painting, drawing, sculpture, or other work of art, or literature, or mineral specimens, or mechanical models, shall apply to the Colonial Secretary for permission to dispose of the same by raffle or chance, it shall be lawful for the Colonial Secretary, if he think fit, to grant a license for that purpose, subject to such conditions and restrictions as he may think it right to impose:

And if such conditions and restrictions are complied with, the provisions of this Act, or any other law for the time being in force relating to gaming and lotteries, shall not apply to such owner or to any other persons who may be bonâ fide concerned in such transaction.

Notwithstanding anything in this Act contained, and any other law for the time being in force relating to gaming and lotteries, it shall be lawful for any association formed for the purpose of promoting agriculture or horticulture, or for improving the breed of poultry, to dispose of by lot or chance any specimens bonâ fide shown at any show held under the control or management of such association.

Every transaction wherein any money or valuable thing is received as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter to or among any person or persons, by lottery or chance, whether by the throwing or casting of any dice, or the drawing of any tickets, cards, lots, numbers, or figures, or by means of any wheel or otherwise howsoever, any money or valuable thing on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid, and every scheme of the nature commonly known as a sweepstake, shall be deemed to be a lottery within the meaning of this Act, and the provisions of this Act shall apply in respect thereto accordingly.

The term “Art Union” means any voluntary association which has been or may hereafter be formed in any part of New Zealand for the purchase of paintings, drawings, sculpture, or other works of art to be afterwards allotted and distributed by chance or otherwise among the several members, subscribers, or contributors forming ’part of such association, or for raising sums of money by subscription or contribution to be allotted and distributed by chance or otherwise as prizes amongst the members, subscribers, or contributors forming part of such association, on the condition, nevertheless, that such sums of money so allotted and distributed be expended solely and entirely in the purchase of paintings, drawings, sculpture, or other works of art.

The provisions of this Act and of any other Act prohibiting lotteries shall not apply to any Art Union as hereinbefore defined:

Provided that no association shall be deemed to be an Art Union unless the deed of partnership or other instrument or instruments constituting such association, and the rules and regulations relating to the proceedings of such association, shall have first been submitted to the consideration and be approved of by Her Majesty’s Attorney-General for the colony, and a copy thereof, duly certified by the said Attorney-General, have been deposited in the Colonial Secretary’s office.

In every deed or instrument constituting any Art Union there shall be inserted a clause that it shall be lawful for the Governor in Council, whenever it shall appear that any Art Union has ceased to be an Art Union within the meaning and for the purposes of this Act, to annul the deed or instrument of association under which such Art Union shall have been constituted, so far as relates to the powers of allotment, disposal, or distribution aforesaid.

From and after the date of the publication in the Gazette of an Order in Council annulling for the purposes aforesaid any deed or instrument of association, the Art Union whose deed or instrument of association shall have been so annulled shall cease to be an Art Union within the meaning of this Act.

All constables and officers of police may enter into any house, room, premises, or place where any public table or board is kept for playing at billiards, bagatelle, or any game of the like kind, when and so often as such constables and officers think proper.

Any person who shall wilfully prevent any constable or officer, authorized under this Act to enter any house, room, or place, from entering the same or any part thereof, or who shall obstruct or delay any such constable or officer in so entering; and

Any person who by any bolt, bar, chain, or other contrivance, shall secure any external or internal door of or means of access to any house, room, or place so authorized to be entered, or shall use any means or contrivance whatsoever for the purpose of preventing, obstructing, or delaying the entry of any constable or officer authorized as aforesaid into any such house, room, or place, or any part thereof,

Shall be liable on conviction to a penalty of not more than one hundred pounds, or, in the discretion of the Justices before whom he shall be convicted of the offence, to be committed to the nearest gaol with or without hard labour for any term not exceeding three calendar months.

Where any constable or officer authorized under this Act to enter any house, room, or place, is wilfully prevented from or obstructed or delayed in entering the same, or any part thereof; or

Where any external or internal door of or means of access to any such house, room, or place so authorized to be entered shall be found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part thereof of any constable or officer authorized as aforesaid, or for giving an alarm in case of such entry;

Or if any such house, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing, or destroying any instruments of gaming,

It shall be evidence, until the contrary be made to appear, that such house, room, or place is used as a common gaming house within the meaning of this Act, and that the persons found therein were unlawfully playing therein.

If any person found in any house, room, or place entered by any constable or officer authorized as aforesaid to enter the same, upon being arrested by any such constable or officer, or upon being brought before any Justices, on being required by such constable or officer or by such Justices to give his name and address, shall refuse or neglect to give the same, or shall give any false name or address, he shall be liable, on conviction before the same or any other Justice, to a penalty of not more than fifty pounds, or, in the discretion of the Justices before whom he shall be convicted of the offence, to be committed to the nearest gaol for any term not exceeding one month.

Any person, being the owner or occupier or having the use of any house, room, or place, who shall open, keep, or use the same for the purpose of unlawful gaming being carried on therein, and

Any person who, being the owner or occupier of any house or room, shall knowingly and wilfully permit the same to be opened, kept, or used by any other person for the purpose aforesaid, and

Any person having the care or management of or in any matter assisting in conducting the business of any house, room, or place opened, kept, or used for the purpose aforesaid, and any person who shall advance or furnish money for the purpose of gaming with persons frequenting such house, room, or place,

Shall be liable on conviction to a penalty of not more than five hundred pounds, or, in the discretion of the Justices before whom he shall be convicted of the offence, be committed to the nearest gaol with or without hard labour for any term not exceeding twelve calendar months.

The Justices, before whom any persons shall be brought who have been found in any house, room, or place entered in pursuance of any authority granted under this Act, may require of any such persons to be examined on oath and give evidence touching any unlawful gaming in such house, room, or place, or touching any act done for the purpose of preventing, obstructing, or delaying the entry into such house, room, or place, or any part thereof, of any constable or officer authorized as aforesaid.

No person so required to be examined as a witness shall be excused from being so examined when brought before such Justices as aforesaid, or from being so examined at any subsequent time by or before the same or any other Justices, or by or before any Court, on any proceeding or the trial of any indictment, information, action, or suit in anywise relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself:

And any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person appearing as a witness before any Justices or Court in obedience to a summons or subpoena, and refusing without lawful cause or excuse to be sworn or to give evidence, may by law be dealt with.

Every person so required to be examined as a witness as aforesaid who, upon such examination, shall make true and faithful discovery to the best of his knowledge of all things as to which he is so examined, shall receive from the Justices or Judge of the Court by whom be is examined a certificate in writing to that effect, and shall be freed from all criminal prosecutions and penal actions, and from all penalties, forfeitures, and punishments, to which he may have become liable for anything done before that time, in respect of the matters touching which he has been so examined:

But such witness shall not be indemnified under this Act unless be receive from such Justices or Judge a certificate in writing under their hands stating that such witness has on his examination made a true disclosure touching all things as to which he has been examined:

And if any action, information, or indictment be at any time pending in any Court against any person so examined in respect of any act of gaming touching which he was so examined as a witness in manner before mentioned for any such matter or thing, such Court shall on the production and proof of such certificate stay the proceedings in any such action, information, or indictment, and may in its discretion award to such person such costs as he may have been put to by such action, information, or indictment.

Every person concerned in any unlawful gaming, and who is examined as a witness by or before any Justices, or on the trial of any indictment or information against the owner or keeper or other person having the care or management of any common gaming house or place for gaming, touching such unlawful gaming,

And who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he shall be so examined, and shall thereupon receive from the Justices or Judge of the Court by or before whom he shall be so examined a certificate in writing to that effect,

Shall be freed from all criminal prosecutions and from all forfeitures, punishments, and disabilities to which he may have become liable for anything done before that time in respect of such unlawful gaming.

Every person who shall, by any fraud or unlawful device or ill practice in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself or any other any sum of money or valuable thing shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence with intent to cheat or defraud such person of the same, and being convicted thereof shall be punished accordingly.

All contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void, and no suit shall be brought or maintained in any Court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made:

Provided that this provision shall not be deemed to apply to any subscription or contribution or agreement to subscribe or contribute for or toward any plate, prize, or sum of money to be awarded to the winner of any lawful game, sport, pastime, or exercise.

Nothing in this Act contained shall extend to any person receiving or holding any money or valuable thing by way of stakes or deposit to be paid to the winner of any race or lawful sport, game, or exercise, or to the owner of any horse engaged in any race.

In every case in which any person in any respect offends against this Act or any provision therein, where no other penalty in that behalf is specifically imposed, such person shall for every such offence forfeit and pay on conviction a penalty or sum not exceeding twenty pounds.

The Justices by whom any person shall be convicted, and adjudged to pay any sum of money by way of fine, forfeiture, or compensation for any offence under this Act, may adjudge that such person shall pay the same, together with reasonable costs, to be fixed by such Justices, either immediately, or within such period as the said Justices shall think fit.

In case such sum of money shall not be paid at the time so appointed the same shall be levied by distress and sale of the goods and chattels of the offender, together with the reasonable charges of such distress; and, for want of sufficient distress, or in the discretion of such Justices without making any such distress, such offender shall be imprisoned with or without hard labour in any gaol as to the convicting Justices shall seem meet, for any term not exceeding one month where the sum remaining unpaid shall not exceed five pounds, and for any term not exceeding two months where such sum shall not exceed ten pounds, or for any term not exceeding six months where such sum shall exceed ten pounds; the term to cease in each of the cases aforesaid upon payment of the sum due.

When any distress shall be made for any money to be levied by virtue of the warrant of any Justices under this Act the distress shall not be deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the information, summons, warrant of apprehension, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser from the beginning on account of any irregularity which shall be afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage by an action on the case in any Court of record.

No plaintiff shall recover in any action for any irregularity, trespass, or other wrongful proceeding made or committed in the execution of the provisions of this Act, or in or under or by virtue of any authority thereby given, if tender of sufficient amends be made by or on behalf of the party who has committed such irregularity, trespass, or other wrongful proceeding before such action brought, and, in case no tender be made, the defendant in any such action may, by leave of the Court where such action depends, at any time before issue joined pay into Court such sum of money as he thinks fit; whereupon such proceeding, order, and adjudication shall be had and made in and by such Court as in other actions where defendants are allowed to pay money into Court.

No action, suit, or information, or any other proceeding of what nature soever shall be brought against any person for anything done or omitted to be done in pursuance of the provisions of this Act, or in the execution of the authorities thereunder, unless notice in writing be given by the party intending to prosecute such suit, information, or other proceeding to the intended defendant one month at least before prosecuting the same, nor unless such action, suit, or information, or other proceeding be brought or commenced within three months next after the act or omission complained of, or, in case there be a continuation of damage, then within three months next after the doing such damage shall have ceased.

Nothing herein contained shall prevent any proceeding by indictment, or information in the nature of an indictment, against the owner or keeper or other person having the care or management of any gaming house, or any room, premises, or place for gaming; but no person who shall have been summarily convicted of any such offence shall be liable to be proceeded against by indictment or information for the same offence.

Under this Act, in every information in writing and in every conviction, it shall be sufficient to set forth the offence or cause of forfeiture, as the case may be, in the words of this Act.

All offences and all penalties under this Act, where not otherwise provided for, may be heard and determined and recovered in a summary way, in the manner provided by “The Justices of the Peace Act, 1866,” so far as the same relates to summary convictions and orders, before two Justices or a Resident Magistrate, except in respect of the offences punishable under section twenty-eight, which shall only be tried before a Resident Magistrate.

If any person feels aggrieved by any summary judgment, act, determination, order, or conviction under this Act he may appeal therefrom in the manner provided by “The Appeals from Justices Act, 1867,” or by any other Act in force for the time being regulating appeals from Justices.

All moneys arising from fines, penalties, and forfeitures under this Act shall be paid, to the Consolidated Fund: Provided that the Court before whom the case shall be tried may order not exceeding one moiety of such penalty, fine, or forfeiture to be paid to the informer or the person prosecuting, except when such informer or prosecutor is a member of the police force.

No information, conviction, warrant, order, or other proceeding before or by any Justice or on appeal therefrom for any offence under this Act shall be quashed for want of form.

Notwithstanding anything in this Act hereinbefore contained, it shall be lawful for the Colonial Secretary, on the application of any racing club, to grant to such club a license or authority to use the totalizator at horse-racing meetings held under the control or management of such club, subject to the following conditions, namely:—

Before the application of the racing club is disposed of by the Colonial Secretary it shall be referred to the senior Resident Magistrate of the principal town of the provincial district in which the racing club is established for his report and recommendation thereon:

The authority or license shall be in writing, and shall be revocable at any time the Colonial Secretary thinks fit to determine the same, either by written notice to the club or by notice published in the Gazette:

No more than three totalizators shall be used by the club at one time, and none outside the race-grounds within the control or management of the club:

Every totalizator shall be under the care and management of some competent person appointed by the club, and under the direct supervision of the stewards.

If the conditions above mentioned are duly complied with, no person shall be liable to any penalty or forfeiture under this Act, or any other law for the time being in force relating to gaming and lotteries, for the use of the totalizator in manner hereinbefore provided.

This Act shall come into operation on the first day of November, one thousand eight hundred and eighty-one.