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Under Section 106 of New Zealand’s Gambling Act 2003, a class 4 licence holder, also known as a “corporate society” by the regulator, “must apply or distribute the net proceeds from class 4 gambling only to or for an authorised purpose specified in the corporate society’s licence”.

The DIA worked directly with class 4 gambling operators (commonly known as pokies trusts), and discovered ‘widespread issues’ such as cases where money that should have been available for community grants was instead spent on society expenses, such as the purchase of additional gaming machines.

Vicki Scott, the DIA’s director of gambling, said the investigation had delivered significant results, while stressing that work to improve compliance and ensure communities received their share of gambling proceeds would continue.

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Online gambling participation over four weeks reached 39% (16% excluding lottery-only players), while in-person gambling participation was 29% (18% excluding lottery-only players). 

Top non-lottery activities during the period included scratchcards (13%), betting (10%) and online instant win games (8%). 

Betting skewed male, with 16% of men gambling on betting compared to 4% of women. Age-wise, overall gambling participation peaked among 45- to 64-year-olds (56%-59%), when excluding lotteries the highest participation was among 35- to 44-year-olds (35%). 

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For poker collusion and bot use, recommended contractual provisions allow operators to redistribute illegitimate winnings to affected players. The guide noted that courts have validated such actions when supported by robust data.

The ANJ has called for operators to provide proof rather than act on suspicion alone. The guide outlined the types of evidence and “converging indicators” (faisceaux d’indices) that French courts have accepted in previous litigations, including IP addresses, device logs and connection timings.

Operators were encouraged to take several practical steps, including enhancing terms and conditions, maintaining robust evidence and uptaking technical standards.