10 Dec 2013
THE SECRETARY FOR INTERNAL AFFAIRS v PUB CHARITY CA75/2013 [2013] NZCA 627 [10 December 2013]
- Citation
- [2013] NZCA 627
- Court
- Court of Appeal
Section 58(1)(b) of the Gambling Act 2003, read in context, authorises suspension of a class 4 operator's licence as a sanction for past non-compliance; suspension is a legitimate enforcement tool where necessary to maintain the integrity of the licensing regime. However the Gambling Commission's decision was vitiated by failure to invite Pub Charity to address reliance on a subsequent decision (Blue Waters) and by not adequately taking into account s58(2)/s52 matters (notably the operator's compliance history); therefore the Commission's decision must be quashed and the matter remitted for r…