ONLINE GAMBLING LAWS IN NEW ZEALAND

Legal Framework and Oversight

New Zealand regulates gambling through the Gambling Act 2003 and the Racing Act 2003. These Acts oversee all forms of gambling, including online gambling, with a focus on harm minimization and consumer protection. The Department of Internal Affairs (DIA) is responsible for licensing, auditing, and enforcement.

Online Gambling That Is Permitted

New Zealand entities may operate online gambling services provided they hold a valid licence issued by the DIA. The Gambling Act permits online real‑money gaming only through approved New Zealand operators. The two main licenced online operators are the TAB (betting on racing and sports) and Lotto New Zealand (lotteries and scratch‑card products). These services are tightly regulated and must comply with strict treatment of problem gambling and player protections.

Offshore and Foreign Operators

Players in New Zealand are not explicitly prohibited from accessing offshore online gambling websites. There is no law that directly prohibits New Zealand residents from placing bets with unlicensed foreign operators. However, foreign operators cannot legally advertise or market to New Zealand consumers. Moreover, they are not subject to New Zealand laws and have no obligation to adhere to New Zealand’s consumer protection or responsible‑gambling standards.

Licensing Requirements and Compliance

Any operator seeking to offer online real‑money gambling within New Zealand must apply for and obtain a remote interactive gambling licence. Licence holders must implement strong age verification (18+), identity checks, responsible gambling tools (self‑exclusion, deposit limits, time‑outs), and provide harm‑minimization support. Regular reporting to the DIA and compliance audits are mandatory. Money laundering and anti‑fraud measures must meet domestic and international standards.

Advertising and Marketing Restrictions

The Gambling Act prohibits operators who are not licensed in New Zealand from advertising gambling services in New Zealand. Licensed operators may advertise but must comply with restrictions: no inducements, targeting minors, or promoting excessive or unlawful conduct. Advertising must include messaging about responsibility and problem gambling support lines.

Player Protections and Responsible Gambling

Licensed operators are mandated to implement strong safeguards: robust age and identity checks, self‑exclusion programmes, deposit and staking limits, time‑out options, and signposting to counselling services such as Gambling Helpline (0800 654 655). Operators must also train staff on recognising and managing problem gambling behaviour.

Taxation and Financial Regulation

Winnings from most forms of gambling are tax‑free for players. Licensed operators pay duty on gambling turnover and other taxes as defined by statutes. Offshore operators that do not have a New Zealand licence are not subject to local duty but also cannot legally operate.

Enforcement and Penalties

The DIA enforces compliance through inspections, audits, and investigations. Non‑licensed operators marketing to New Zealand consumers may be fined and their activities restricted. Licensed operators face licence suspension or revocation, financial penalties, and legal action if they breach conditions or fail to implement harm mitigation measures.

Future Developments

At present there are no comprehensive plans to license offshore operators or introduce broader online casino licensing frameworks. Ongoing government reviews monitor harm, market trends, and whether regulatory reforms are warranted. Any changes would require parliamentary approval and public consultation.

Summary

Only licensed domestic operators (TAB and Lotto NZ) may legally offer online gambling in New Zealand.
Residents may use offshore sites, but those operators cannot legally advertise or fall under domestic regulation.
Licensed operators must comply with robust age checks, responsible‑gambling tools, and reporting obligations.
Advertising is tightly restricted and must include harm‑minimization information.
Enforcement is managed by the Department of Internal Affairs, with penalties for breaches.
Gambling winnings are tax‑free for players; operators pay duties on turnover.

This comprehensive overview lays out the current state of New Zealand’s online gambling laws, outlining permitted operators, player protections, and enforcement mechanisms under New Zealand law.