Racing Industry Act 2020

The Racing Industry Act 2020 came into force on 1 August 2020.

The Act contains numerous provisions relevant to Sport NZ and the sport sector relating to the regulation of TAB NZ and sports betting. These include a requirement for offshore betting agencies to pay a charge for their use of NZ sport information. This is referred to the betting information use charge. 

To be covered by the betting information use provisions there has to be a New Zealand sporting event declared by Sport NZ under section 106. 

Declaration of New Zealand sporting events

Section 106 provides for the declaration of New Zealand sporting events. Under that section Sport NZ may, by written notice, declare that one of the following is a New Zealand sporting event for the purposes of this subpart:

  • A sporting event held in New Zealand under the auspices or control of a New Zealand NSO; and/or
  • A sporting event held in New Zealand that relates to a sport to which a sports betting agreement under section 80 applies

To make this decision Sport NZ needs to be satisfied that it is a sporting event as defined in section 5, and either held in NZ under the auspices or control of an NSO or that relates to a sport subject to a section 80 sports betting agreement.

Section 5 sets out key definitions including: 

  • Betting means racing betting, sports betting, or other racing or sports betting conducted by TAB NZ under this Act;
  • Sporting event means any lawful organised game, competition, or other event involving human competitors, held in or outside New Zealand, to which one of the following applies:
    • A New Zealand NSO administers the sport concerned in New Zealand;
    • There is a New Zealand NSO under whose auspices or control the event is conducted (or, in the case of an event held outside New Zealand, under whose auspices or control the event would be conducted if it were held in New Zealand);
    • There is an agreement in accordance with section 80(2) and (3) between TAB NZ and Sport NZ;
  • Sports betting means the types of betting (including totalisator betting and fixed-odds betting) conducted by, or on behalf of, TAB NZ on any sporting event (or events) held within or outside New Zealand, or on any contingency arising from a sequence of sporting events, whether held within or outside New Zealand, or both, and whether the betting takes place at the event or not and within or outside New Zealand (but does not include exchange betting or spread betting).

Section 80 applies if, in relation to a sport involving human competitors participating in lawful organised games, competitions, or other events held in or outside New Zealand, there is no appropriate New Zealand NSO that administers the sport in New Zealand or under whose auspices or control the events held in New Zealand are conducted

Sporting Events to be considered for declaration

Pursuant to section 106 Sport NZ is considering declaring these events

Sport NZ invites comments on the appropriateness of declaring these events. Comments should be directed to dave.adams@sportnz.org.nz

Declaring an event

Sport NZ will make a final determination of the events to be declared sports events by 11 September. Ahead of this, we will have:

  • consulted the  NZ TAB; and
  • if the sporting event is held under the auspices or control of an NSO, obtained that NSO’s approval.

Sport NZ will progressively add to the events to be declared sports events. Ahead of declaring a new event, we will:

  • post the event as under consideration on our website at least one month ahead of declaring it
  • consult the NZ TAB
  • if the sporting event is held under the auspices or control of an NSO, obtain that NSO’s approval.