Bookmaking on horse racing events was made illegal in New Zealand in 1911. Until 1949, the only legal form of betting was on-course at race meetings. When off-course betting was legalised in 1949, consistent with the statist approach of the time, a single national agency, the Totalisator Agency Board, was established to regulate and control betting in New Zealand.
Like most aged,
monopolistic government agencies, it has struggled to keep up with the times,
including the growth of on-line, offshore betting on sporting events other than
just horse racing; on-line casinos; and other forms of gaming, like Lotto. The
TAB’s ongoing financial viability has been an issue for some years now.
But because of mounting
social concern about the proliferation of gaming opportunities and the impact
on vulnerable people, as well as potential links to organised crime, no
government has been prepared to abolish the TAB in favour of a competitive,
properly regulated private sector market for betting. So, the current
antiquated monopoly has remained, and increasingly frustrated punters have
sought better returns from the range of mainly Australian and other offshore betting
agencies now available online.
Against that
background, the government’s announcement of a new strategic 25-year
partnership between the TAB and the British betting Entain that will guarantee
our racing industry additional funding of nearly $1 billion over the next five
years seems sensible. At the same time, the government is proposing to extend
the TAB’s current monopoly for racing and sports betting to cover online
betting.
In other words, all
forms of betting, other than through the TAB, are likely to be outlawed,
effectively entrenching the intent of the establishment of the TAB, three
quarters of a century ago. It is not clear whether this is a component of the
Entain deal or separate from it. How this might be achieved without resort to
Chinese-like censorship of New Zealanders’ online access is another matter
altogether, raising its own questions about the extent to which the government
is prepared to go to protect the TAB monopoly.
The racing industry’s
delight at this latest windfall is drowning out other more concerning aspects
of this new deal, specifically related to conflict of interest.
This has been a problem
that has dogged the Hipkins’ government in recent months. First came the
unfortunate case of former Minister Stuart Nash who proved himself incapable of
separating his private connections from his Ministerial responsibilities. Then
there was the situation surrounding Minister Kiri Allen and her now infamous
speech at the Radio New Zealand farewell to her partner. In both cases, Prime
Minister Hipkins was very slow to act, only dismissing Nash when it became
impossible to retain him any longer, and declining any action regarding Allen,
even after it became clear her speech was no accident.
In doing so, the Prime
Minister appears to have relied on an overly literal interpretation of the
Cabinet office rules regarding conflict of interest. There was arguably no
material gain for both Nash and Allen from their actions, apparently explaining
Hipkins’ reluctance to act. Nash fell in the end more because the egregious
nature of his overall conduct, rather than any specific benefit gained, made it
impossible to retain him. Allen’s remarks have so far been ignored by those at
whom they were aimed and consequently, the Prime Minister.
However, the Cabinet
Manual also makes the point that “public perception is a very important factor”
in dealing with Ministers’ interests. In other words, the perception of a
potential conflict of interest is as important as an actual conflict. This
latter point is relevant to the government’s decisions regarding the TAB,
specifically the proposal to extend the TAB’s current monopoly for racing and
sports betting to cover all online betting.
Racing Minister Kieran
McAnulty, who made the announcement, was previously a bookmaker for seven years
with the TAB. There is no suggestion that he stands in any way to gain
materially from the extension of the TAB’s bookmaking monopoly, but his
involvement in, and presumably as Minister leadership of this plan, is of
concern. It fails the Cabinet Manual’s “public perception” test and simply
looks like an ex-bookie looking after his former colleagues.
While McAnulty’s
expertise in the area is relevant to the issue, and should not be disregarded, it
was unwise to have him fronting the issue, given his career background. At the
very least, to avoid any perception of conflict of interest, the announcement
should have been made by another Minister, possibly the Minister of Internal
Affairs who already has responsibility for gaming matters.
Beyond that, and again
from a perception perspective, given the sensitivity of matters relating to the
TAB, it was unwise for Hipkins to have made McAnulty the Minister responsible
for the TAB in the first place. But, given the lax approach he took to Nash and
Allen and their potential conflicts, it is probably not surprising.
There is a danger in
all governments of Ministers being seen to be the captives of the sector groups
they represent. This is especially so when Ministers come from the sector group
concerned. The Minister of Education, a former principal and teachers’ union
official, has already risked looking like the unions’ plaything when it comes
to the current salary negotiations. Similarly, the Minister of Health, a former
Ministry of Health medical officer, comes across as more the protector of
current health sector vested interests than the leader of the changes the
public health system so desperately requires. McAnulty now risks being cast in
the same light with respect to the current proposed TAB changes.
For his sake – he has
so far proved to be an effective Minister in other areas – and for the
government’s credibility, given that it is already riven by conflicts of
interest, perceived or otherwise, the Prime Minister needs to move McAnulty
aside from matters relating to the TAB. Otherwise, once again, perceptions risk
becoming reality.