The Short Title of this Act is “The Gaming Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

Any Justice, upon complaint made before him on oath that there is reason to suspect any premises to be kept or used as a common gaming-house, and that such premises are commonly reported and believed by the deponent so to be, may by special warrant under his hand in the form in the Second Schedule hereto, when in his discretion he thinks fit, authorise any constable to enter, with such assistance as may be found necessary, into such premises, 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 persons found therein, and to seize all tables and instruments of gaming found therein, and also to seize all moneys and securities for money found therein.

The constable making such entry as aforesaid in obedience to any such warrant may search all parts of the premises so entered where he suspects that tables or instruments of gaming are concealed, and all persons whom he finds therein, and may seize all tables and instruments of gaming, and also all moneys found therein.

Every person who being the owner or occupier or having the use of any premises opens, keeps, or uses the same as a common gaming-house; and

Every person who being the owner or occupier of any premises knowingly and wilfully permits the same to be opened, kept, or used as a common gaming-house by any other person; and

Every person having the care or management of or in any manner assisting in conducting the business of any common gaming-house; and

Every person who advances or furnishes money for the purpose of gaming or betting with persons resorting to any common gaming-house—

are respectively liable to a fine not exceeding one hundred pounds or to imprisonment for a period not exceeding three months.

Every person found in any common gaming-house is liable to a fine not exceeding five pounds, unless he proves that he was there present for some lawful purpose.

In default of other evidence proving any premises to be a common gaming-house or place for gaming, it shall be sufficient, in support of the allegation in any indictment or information, to prove that such premises are 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.

Such premises 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 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 premises 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 are found therein, it shall be evidence, until the contrary is proved, that such premises are used as a common gaming-house, and that the persons found in the part of the premises where such tables or instruments of gaming have been found were playing therein, although no play was actually going on in the presence of the constable entering the same under such warrant, or in the presence of those persons by whom he is accompanied as aforesaid.

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, or within the view of persons in a 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, is liable on conviction to a fine not exceeding fifty pounds, or, in the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding three months.

The instrument known as the totalisator, 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 is used in conformity with the provisions hereinafter contained in section fifty hereof.

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

Every game of chance is hereby declared to be an unlawful game within the meaning of the Gaming Acts.

For the purposes of the Gaming Acts any premises which would otherwise be a common gaming-house shall be deemed to be a common gaming-house notwithstanding the fact that they are open only for the use of subscribers or of members or shareholders of any particular club, company, or corporation, and are not open to all persons desirous of using the same:

Provided that this section shall not apply to any club holding a charter issued under the authority of “The Licensing Act, 1908.”

Any premises occupied, kept, or used for the purposes of an illegal lottery or a proposed illegal lottery (whether the said lottery is promoted in New Zealand or elsewhere) shall be deemed and taken to be a common gaming-house within the provisions of the Gaming Acts.

For all the purposes of the Gaming Acts any person who acts as or as if he were the occupier or person having the care or management of any premises shall be deemed, though not to the exclusion of the liability of any other person, to be the. occupier thereof, whether he is the real occupier thereof or not.

On the. affidavit of a Superintendent or Inspector of Police showing reasonable grounds for suspecting that any premises, whether licensed or registered under any Act whatsoever or not, are used as a common gaming-house, or as a means of access to or of exit or escape from any common gaming-house, the Supreme Court may declare such premises to be a common gaming-house.

Every such declaration shall be in force until rescinded.

Notice of any application for a declaration under this section shall be served in writing, at least seventy-two hours before the hearing of the application, upon the owner or occupier, or upon one or more of the owners or occupiers, of the premises which are the subject of the application, or be advertised in some newspaper generally circulating in the locality wherein such premises are situate.

Service of such notice may be effected by posting a prepaid letter addressed to “The Owner” or “The Occupier” without name or further description, and bearing such an address or description of the premises as in the opinion of the Court would insure the delivery of such letter at such premises.

A Superintendent or Inspector of Police, on such declaration being made with respect to any premises,—

Such service may be effected either personally or by causing a copy of the notice to be affixed at or near to the entrance of the premises, or by posting a copy of the notice in a prepaid letter addressed to “The Owner” or “The Occupier” without name or further description, and bearing such an address or description of the premises as in the opinion of the Court would insure the delivery of such letter at such premises.

Every person who covers, removes, defaces, or destroys any notice of such declaration so posted up on any premises is liable to a fine not exceeding one hundred pounds, or to imprisonment for any time not exceeding three months; but the fact that such notice has been covered, removed, defaced, or destroyed, or that any of the requirements of this section have not been duly complied with, shall afford no answer to any proceedings under this Act.

In any proceedings under this Act the production of a copy of the Gazette containing a notice of the making of such declaration shall be evidence that the said declaration was duly made and that it is still in force.

If any premises are in pursuance of this Act declared by the Supreme Court to be a common gaming-house, any owner thereof, or his agent, whether such owner is the immediate lessor of the occupier thereof or not, may forthwith determine the tenancy of the occupier, and may eject the occupier, whether by way of legal proceedings or otherwise, in like manner as if the said owner were the immediate lessor of the occupier.

Any such determination may be effected either by re-entry on the premises or by delivering to the occupier a notice to quit, or by leaving such a notice on the premises addressed to “The Occupier.”

No such determination of the occupier’s tenancy by or on behalf of an owner who is not the immediate lessor of the occupier shall determine or affect any intermediate tenancy.

On the application of the occupier made within fourteen days after the date of such determination of his tenancy, and on proof that the premises have not at any time within one year before the date of such determination been used by any person as a common gaming-house, or permitted by any person to be used as a means of access to or of exit or escape from a common gaming-house, the Supreme Court may, on such terms as it thinks fit, grant relief to the occupier against such determination of his tenancy.

Notice of intention to make such application shall, not less than seventy-two hours before the hearing of the application, be served on the owner who has so determined the tenancy or on his agent.

Any declaration made by the Supreme Court under this Act may be rescinded by the Supreme Court, subject to such restrictions, terms, and conditions (including the giving of security to insure that the premises will not again be used as a common gaming-house, or as a means of access to or of exit or escape from any common gaming-house) as the Court thinks fit, on application being made to the Court—

Where the application is made by or on behalf of the owner or occupier as aforesaid, notice in writing of intention to make the same shall, at least seventy-two hours before the hearing of such application, be served on a Superintendent or Inspector of Police stationed within the district in which the premises are situate.

If after the making of such declaration with respect to any premises, and during the time that such declaration is in force, any person is found in or on or entering or leaving such premises, any constable may without warrant arrest such person and take him before a Magistrate or two Justices.

Such person shall be guilty of an offence unless he proves that he was in or on or entering the premises in ignorance of the making of such declaration or for some lawful purpose, or that he was leaving the premises after having so entered in ignorance of the making of such declaration or for some lawful purpose.

Every person convicted of an offence against this section is liable to a fine not less than five pounds and not more than one hundred pounds, or to imprisonment for a term not less than seven days and not more than three months.

The form of information for such offence may be in the form numbered (1) in the Third Schedule hereto or to the like effect.

No business, trade, profession, or calling whatsoever (whether or not the same is carried on or exercised pursuant to any license, registration, or authority under any Act) shall be carried on, exercised, or conducted by any person, whether on his own account or as the agent or servant of any other person, in any premises with respect to which any such declaration is in force.

Every person who commits a breach of the provisions of this section is liable to a fine not exceeding five pounds for every day on which he so acts.

If after service on an owner in pursuance of this Act of notice of the making of such a declaration with respect to any premises, and during the time that such declaration is in force, such premises are used as a common gaming-house, or as a means of access to or of exit or escape from a common gaming-house, such owner shall, unless he proves that he has taken all reasonable steps to evict the occupier of the same, be guilty of an offence.

If after service on an occupier in pursuance of this Act of notice of the making of such a declaration with respect to any premises, and during the time that such declaration is in force, such premises are used by any person as a common gaming-house, or as a means of access to or of exit or escape from a common gaming-house, the said occupier shall, unless he proves that he has taken all reasonable steps to prevent such use, be guilty of an offence.

Every person who commits an offence against this section is liable to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding three months.

While any such declaration is in force with respect to any premises any constable may at any time do all or any of the following things:—

Every person who obstructs or aids in obstructing, or solicits any other person to obstruct or aid in obstructing, a constable in the exercise of any power conferred on him by the Gaming Acts is guilty of an offence.

Every person who in order to enable any other person to avoid detection or arrest gives to any person in any common gaming-house, or upon any premises declared by the Supreme Court to be a common gaming-house, any warning or notice of the approach of a constable, or of the intention of a constable to exercise any power conferred on him by the Gaming Acts, is guilty of an offence.

Every person who commits an offence against this section is liable to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding three months.

The power to make rules conferred by “The Judicature Act, 1908,” shall include power to make rules to enforce and carry out the provisions of this Act.

In default of any such rules, or so far as they do not extend, proceedings in the Supreme Court under this Act shall be taken in such manner and form as the said Court deems sufficient in the particular case.

Every person who frequents, uses, or is in any street for the purpose of any money or valuable thing being received by or promised to such person or on his behalf—

is liable for a first offence to a fine not less than twenty pounds and not exceeding one hundred pounds, and for a second or any subsequent offence to imprisonment for a period not exceeding three months.

Every bookmaker who either by himself or by means of any agent, clerk, or servant makes or offers to make any bet or wager in any street, and every such agent, clerk, or servant who so makes or offers to make any bet or wager, is liable for a first offence to a fine not less than twenty pounds and not exceeding one hundred pounds, and for a second or any subsequent offence to imprisonment for a period not exceeding three months.

Any information for an offence against this section may be in the form numbered (2) or (3) in the Third Schedule hereto or to the like effect.

In this and the next succeeding section the term “street” means—

Any money or valuable thing received by any bookmaker, or any such agent, clerk, or servant, or any person 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 in any Court of competent jurisdiction.

Every person is liable to a fine not exceeding twenty pounds who makes or offers to make any bet or wager on any ground on which any sports are being held.

Any person who acts in breach of the provisions of this section, and who after being warned by any agent or servant of the persons who have the use or control of the ground, whether they are the occupiers thereof or not, or by any constable, to desist from so acting does not so desist, may be forthwith removed from such ground by any such agent or servant, or by any constable.

Any person so removed shall not on the day of such removal re-enter such ground, and if he does so re-enter he may without warrant be arrested by any such agent or servant, or by any constable, and taken before a Magistrate or any two Justices, and shall be liable to a fine not exceeding fifty pounds, or to imprisonment for a period of not exceeding one month.

In this section—

Every person is liable to a fine not exceeding twenty pounds who upon any premises registered as a factory under “The Factories Act, 1908,” makes or offers to make any bet or wager relating to any horse-race, or to any sports as defined in the last preceding section.

It shall be illegal for any officer, agent, or servant of a racing club to accept or act on any telegraphic or telephonic request, instructions, or directions relating to investments on the totalisator, whether such request, instructions, or directions are received on a racecourse or elsewhere,

Every person who commits an offence against this section is liable to a fine not less than twenty pounds and not exceeding fifty pounds.

No telegram relating to betting or to investments on the totalisator shall be delivered at any racecourse.

Every person is liable to a fine not exceeding twenty pounds who prints, publishes, sells, or publicly exhibits any newspaper or other document which contains any advertisement or notification by or on behalf of any person, club, or association as to betting on any horse-race to be run, whether in or out of New Zealand, or as to investments on the totalisator in respect of any such race, or which contains any information, advice, or suggestion as to the probable result of any such race.

Every person is liable to a fine not exceeding twenty pounds who prints, publishes, sells, or publicly exhibits any newspaper or other document which contains any advertisement or notification by or on behalf of any person whereby it is made to appear that such person or any other person is willing to give any information or advice as to the probable result of any horse-race, whether in or out of New Zealand, or to make any bet or wager on the result of any such race.

Every person is liable to a fine not exceeding twenty pounds who causes or attempts to cause any advertisement or notification mentioned in this section to be inserted or published in a newspaper.

Every person is liable to a fine not exceeding twenty pounds who prints, publishes, sells, or publicly exhibits any newspaper or other document which contains any statement as to the dividend paid on investments on the totalisator in respect of any horse-race, whether run in New Zealand or elsewhere, or as to starting-prices in respect of any such race, or any statement from which the amount of any such dividend or starting-price might be calculated.

Nothing in this section shall be construed to prevent the sale in New Zealand of any newspaper printed or published out of New Zealand.

Nothing in this section shall apply to any advertisement, notification, or document with respect to investments on the totalisator published or exhibited solely on a racecourse by the authority and on behalf of any racing club lawfully authorised to use the totalisator.

A document shall be deemed to be publicly exhibited within the meaning of this section if it is openly exhibited within view of persons in any street or other public place, or in any shop, hotel, or other place to which the public has access, whether by right or otherwise.

It shall not be lawful for any member, officer, agent, or servant of any racing club to permit or authorise the use on any race-course of any totalisator by any person for the purpose of making any bet, wager, or investment which depends on the result of more than one horse-race.

Every person who commits an offence against this section is liable to a fine not less than twenty pounds and not exceeding fifty pounds.

It shall not be lawful for any member, officer, agent, or servant of any racing club to receive or permit to be received any investment on the totalisator in respect of any race after the time notified by such club for the starting of such race.

It shall not be lawful for any member, officer, agent, or servant of any racing club to register on the totalisator after the time notified by such club for the starting of any race any moneys received for investment in respect of that race, or to take into account in the calculation or payment of any dividend any investment which has not been publicly registered on the totalisator in accordance with this section.

It shall not be lawful for any member, officer, agent, or servant of any racing club to receive or permit to be received any investment on the totalisator elsewhere than at the totalisator itself.

Any person committing an offence against this section is liable to a fine not exceeding one hundred pounds.

Any racing club may from time to time, with the approval of the Governor, make regulations controlling the admission of persons to any racecourse used or occupied by such club for race meetings.

Such regulations may exclude from such racecourse any specified class of persons, either absolutely or subject to such conditions as are prescribed in the regulations.

This section shall be applicable to any racecourse notwithstanding the fact that it is or forms part of a reserve or other place in respect of which there exists a right of public use or entry.

Nothing in this section shall be so construed as to limit the power of any racing club to exclude or remove any person from any racecourse of which such club is the occupier and which is free from any right of public use or entry.

Every person who commits a breach of any regulation made under the authority of this section may be removed from the racecourse by any member, officer, agent, or servant of the racing club by which such regulation was made, or by any constable, and shall be liable to a fine not exceeding twenty pounds.

All regulations made under the authority of this section shall be gazetted, and a copy of the Gazette containing the same shall be received as sufficient evidence of the same in any legal proceedings.

Every racing club which is authorised to use the totalisator shall from time to time, on the application of any person who is in the opinion of the committee or other managing body of such club a fit and proper person to be so licensed, grant a license to such person to enter on any racecourse used or occupied by such club, and there to carry on business as a bookmaker.

Every such license shall be for such period as the club thinks fit, and the club may charge for the issue thereof any fee not exceeding twenty pounds for every day of the currency of such license.

No bookmaker, whether so licensed or not, shall, on any race-course on which any totalisator is used, make or offer to make, either by himself or by means of any agent, clerk, or servant, any bet or wager on the result of any horse-race after the time notified for the starting of such race by the racing club having the use or control of the said racecourse.

Every bookmaker and every person who, as the agent, clerk, or servant of a bookmaker, makes or offers to make any bet or wager in breach of the provisions of this section are respectively liable to a fine not exceeding one hundred pounds.

It shall be the duty of all racing clubs using the totalisator to pay out (after deducting the usual ten per centum commission), by way of dividend, all moneys received from investments on the totalisator:

Provided that it shall not be necessary to pay out fractions of a shilling unless such fraction amounts to or exceeds sixpence, in which case sixpence shall be paid.

Every member, officer, agent, or servant of any racing club who makes, authorises, or permits the payment to any person of any dividend which is not calculated in accordance with the provisions of this section is liable to a fine not exceeding twenty pounds, and any incorporated racing club by which any such dividend is paid to any person is liable to a fine not exceeding one hundred pounds for each offence.

No premises shall be opened, kept, or used—

All premises opened, kept, or used for the purposes aforesaid, or any of them, are hereby declared to be a common nuisance and contrary to law.

All premises opened, kept, or used for the purposes aforesaid, or any of them, shall be taken and deemed to be common gaming-houses.

Every person, being the owner or occupier of any premises 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 directly or indirectly receives any money or valuable thing—

are respectively liable on conviction to a fine not exceeding fifty pounds, or, in the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding three months.

Any money or valuable thing received by any such person as aforesaid as a deposit on any bet, or as 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 is liable to a fine not exceeding one hundred pounds who, contrary to the provisions of this Act, sells or disposes of, or agrees or promises (whether with or without consideration) to sell or dispose of, any lands or tenements, or any estate or interest therein, or any ship or vessel, goods, wares, or merchandise whatsoever.

Every person who—

is liable to a fine not exceeding two hundred pounds, and for any second offence, besides such fine, is 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, applies to the Minister of Internal Affairs for permission to dispose of the same by raffle or chance, the said Minister may, if he thinks fit, grant a license for that purpose, subject to such conditions and restrictions as he thinks right to impose.

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 bona fide concerned in such transaction.

Notwithstanding anything in this Act or in any other law for the time being in force relating to gaming and lotteries, any association formed for the purpose of promoting agriculture or horticulture, or for improving the breed of poultry, may dispose of by lot or chance any specimens bona 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.

Nothing in this Act shall apply to any sweepstake got up on a racecourse, provided that the total amount subscribed does not exceed five pounds, that the several contributions thereto do not exceed five shillings each, and that the whole sum contributed goes to the winner without any deduction on any account.

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 contributers 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 are 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 an association shall not 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, have first been submitted to the consideration of and are approved by the Attorney-General, and a copy thereof, duly certified by the Attorney-General, has been deposited in the office of the Minister of Internal Affairs.

In every deed or instrument constituting any art union there shall be inserted a clause that the Governor may by Order in Council, whenever it appears that such art union has ceased to be an art union within the meaning and for the purposes of this Act, annul the deed or instrument of association under which such art union has 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 has been so annulled shall cease to be an art union within the meaning of this Act.

Notwithstanding anything in this Act, the Minister of Internal Affairs may, on the application of any racing club, grant to such club a license to use the totalisator at horse-race meetings held under the control or management of such club, subject to the following conditions, namely:—

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 totalisator in manner hereinbefore provided.

Notwithstanding anything hereinbefore contained, the Minister of Internal Affairs shall not grant in any one year more than two-thirds of the number of the licenses authorising the use of the totalisator which were issued in the twelve months commencing on the first day of August, one thousand eight hundred and ninety-two, and ending on the thirty-first day of July, one thousand eight hundred and ninety-three:

Provided that the Governor in Council may, in order to carry out the provisions of this section, make regulations for the issue of licenses and fixing the conditions on which licenses shall be issued.

Any person who makes or enters into a bet upon the result of a horse-race, whereby he agrees to pay to the other party to the said bet, if the latter should win the same, a sum of money the amount of which is dependent upon the result of the working of the totalisator on the said horse-race, and any person (not being a person lawfully conducting or employed in the working of a totalisator) who sells or offers for sale, and any person who purchases from him, any ticket, card, or thing entitling or purporting to entitle the purchaser or holder thereof to any interest in the result of the working of the totalisator on any horse-race, or makes any contract or bargain of any kind to pay or receive money upon an event determined or to be determined by the result of the working of the totalisator on any horse-race, is guilty of an offence, and is liable on summary conviction to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty pounds, or to both fine and imprisonment.

Any person who sends or causes to be sent to any person any circular, notice, advertisement, letter, telegram, or other document requesting or inviting any such person to employ him as an agent, or offering his services as an agent, in purchasing any ticket or making any bet in connection with the working of any totalisator, or investing any money in connection with the working of any totalisator, and any person who employs any person to act for him as agent as aforesaid, and any person who acts as such agent (not being an authorised agent of a racing club licensed to use the same), is guilty of an offence, and is liable, if convicted on summary conviction, to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty pounds, or to both fine and imprisonment.

No constable and no person acting under instructions from any Superintendent or Inspector of Police shall, while on duty, be deemed to be an offender or accomplice in the commission of any offence against the Gaming Acts, although such constable or other person might but for this section have been deemed to be such an offender or accomplice.

Any constable may, when and so often as he thinks proper, enter into any premises where a public table or board is kept for playing at billiards, bagatelle, or any game of the like kind.

Every person who—

is liable to a fine not exceeding one hundred pounds, or, in the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding three months.

In every case where—

it shall be evidence, until the contrary is proved, that such premises are used as a common gaming-house within the meaning of this Act, and that the persons found therein were unlawfully playing therein.

Every person found in any premises entered by any constable authorised as aforesaid to enter the same, who on being arrested by any such constable, or on being brought before any Justices, and on being required by such constable or by such Justices to give his name and address, refuses or neglects to give the same, or gives any false name or address, is liable on conviction to a fine not exceeding fifty pounds, or, in the discretion of the Court, to imprisonment for any term not exceeding one month.

The Court before which any person found in any premises entered in pursuance of any authority granted under this Act is brought may require such person to be examined on oath and to give evidence touching any unlawful gaming in such premises, or touching any act done for the purpose of preventing, obstructing, or delaying the entry into such premises, or any part thereof, of any constable authorised as aforesaid.

No person so required to be examined as a witness shall be excused from being so examined when brought before such Court as aforesaid, or from being so examined at any subsequent time by or before the same or any other Court, on any proceeding or the trial of any indictment, information, or action 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.

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 liable to be dealt with in all respects as any person may by law be dealt with who, being duly summoned and appearing as a witness before any Court, refuses without lawful cause or excuse to be sworn or to give evidence.

Every person so required to be examined as a witness as aforesaid who, upon such examination, makes 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 he 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:

Provided that such witness shall not be indemnified under this Act unless he receives 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.

If any action, information, or indictment is at any time pending in any Court against any such witness in respect of any act of gaming touching which he was so examined 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 who—

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—

is liable on conviction to a fine not exceeding fifty pounds for each offence, or, in the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding two months.

Where any letter, circular, telegram, placard, handbill, card, or advertisement is sent, exhibited, or published,—

every person sending, exhibiting, or publishing the same, or causing the same to be sent, exhibited, or published, is liable on conviction to a fine not exceeding fifty pounds for each offence, or, in the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding two months.

Every person who buys any ticket in any lottery or scheme prohibited by this Act, whether promoted in New Zealand or elsewhere, or in any way takes any part therein as a member or otherwise thereof, is liable to a fine not exceeding ten pounds.

In any prosecution under sections forty-one to forty-four hereof or the last preceding section no person shall be excused from answering any question put to him as a witness on the ground that his evidence would tend to criminate himself; and, so far as applicable, sections fifty-nine to sixty-one hereof shall apply to every such prosecution.

Nothing in sections sixty-two to sixty-four hereof shall be construed as referring to any lottery sanctioned under the authority of this Act.

Every person who—

Selling totalisator tickets to or purchasing for an infant an offence.

is liable on summary conviction to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding one hundred pounds, or to both imprisonment and fine.

If any such circular, notice, advertisement, letter, telegram, or other document as in this section mentioned names or refers to any one as a person to whom any payment may be made, or from whom information may be obtained, for the purpose of or in relation to betting or wagering, the person so named or referred to shall be deemed to have sent or caused to be sent such document as aforesaid unless he proves that he had not consented to be so named, and that he was not in any way a party to, and was wholly ignorant of, the sending of such document.

If any document as in this section mentioned is sent to any person at any university, college, school, or other place of education, and such person is an infant, the person sending or causing the same to be sent shall be deemed to have known that such person was an infant unless he proves that he had reasonable grounds for believing such person to be of full age.

Any person who makes a bet with, or wagers with, or sells or delivers any ticket, card, or thing as in this section mentioned, or applies for or receives any such ticket, card, or thing for any person who is apparently an infant, shall, if such person is an infant, be deemed to have known that such person was an infant unless he proves that he had reasonable ground for believing and did believe such person to be of full age.

It shall be no defence in any prosecution for an offence against this section that the infant making any such bet, wager, or purchase acted as the agent of or otherwise on behalf of some other person and not on his own behalf.

Every person who 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, wins from any other person to himself or any other person 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 upon being convicted thereof shall he 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 action shall be brought or maintained in any Court for recovering any sum of money or valuable thing alleged to be won upon any wager, or which has been deposited in the hands of any person to abide the event on which any wager has been made.

Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by this Act, or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such contract or agreement, or of any services in relation thereto or in connection therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money, or any sum of money won, lost, or staked in any betting transaction whatever.

No action shall be brought or maintained in any Court for recovering any sum of money or valuable thing alleged to be won by way of stakes or prize on any event or contingency of or relating to any horse-race, or other race, game, sport, or exercise.

In every case in which any person in any respect offends against this Act or any provision thereof, where no other penalty in that behalf is specifically imposed, such person is liable on conviction for every such offence to a fine not exceeding twenty pounds.

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 is made by or on behalf of the party who has committed such irregularity, trespass, or other wrongful proceeding before such action brought.

No action, 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 is given by the party intending to prosecute such proceeding to the intended defendant one month at least before prosecuting the same, nor unless such proceeding is commenced within three months next after the act or omission complained of, or in case there is a continuation of damage, then within three months next after the doing of such damage has 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 premises or place for gaming; but no person who has been summarily convicted of any such offence shall be liable to be proceeded against by indictment or information for the same offence.

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

Except where by this Act otherwise provided, all proceedings in respect of offences under this Act may be heard and determined and all fines recovered in a summary way, in the manner provided by “The Justices of the Peace Act, 1908,” before two Justices or a 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 Justices of the Peace Act, 1908.”

All moneys arising from fines and forfeitures under this Act shall be paid into the Public Account and form part of the Consolidated Fund:

Provided that the Court before whom the case is tried may order not exceeding one moiety of such fine or forfeiture to be paid to the informer or the person prosecuting, except when such informer or prosecutor is a constable.