The Department has recently been asked for advice around the conduct of sales promotions schemes in New Zealand. The definition of sales promotions schemes can be found in section 4 of the Gambling Act 2003 (the Act).
Remote interactive gambling is prohibited under Section 9 of the Act. The Department was asked to consider a case where, following the purchase of goods, the purchaser could go online to have a chance of winning a prize. In this case the Department’s position is that the “gambling” takes place at the time the customer purchases a qualifying product in-store (regardless of the process required to obtain the final prize). As the gambling does not occur through a communication device, this is not considered to be remote interactive gambling.
The definition of remote interactive gambling also specifically excludes “a sales promotion scheme that is in the form of a lottery and is conducted in New Zealand”.
A second question was posed about whether conduct (as defined in section 5 of the Act) associated with a sales promotion scheme that is in the form of a lottery conducted in New Zealand, such as conducting the draw and promoting the sales promotion scheme from overseas, was caught by the exclusion and therefore not considered remote interactive gambling. The Department’s position is that, if the sales promotion scheme is not remote interactive gambling, the associated conduct will also not be remote interactive gambling.
As to the meaning of “conducted in New Zealand”, the Department takes a pragmatic view: The reality of global franchise arrangements means that there may be no corporate presence in New Zealand and sales promotions are run from regional offices, often in Australia. The Department considers that “conducted in New Zealand” does not mean that a sales promotion scheme in the form of a lottery online must be conducted exclusively in New Zealand.
Further information on remote interactive gambling can be found on the Department’s website.