New Zealand’s online gambling laws get a shake up

The Online Casino Gambling Act 2026 (the Act) came into force on 1 May 2026, meaning the start of a transition towards a new regime that will permit up to 15 licensed operators to offer online casino gambling in New Zealand. Following the transition period, non-licensed providers will not be allowed to advertise or operate in New Zealand.

Background

The Gambling Act 2003 allows gambling operations to be carried out in New Zealand in limited circumstances. Except for the TAB and Lotto, the legislation strictly prohibits New Zealand based online gambling operators from providing services to New Zealanders and makes it illegal for overseas online gambling operators to advertise to New Zealanders. However, this ban does not prevent New Zealanders from accessing online gambling products from operators located outside of (and not considered to be based in) New Zealand. In 2019, a Department of Internal Affairs (DIA) public discussion document estimated that in an 18-month period, New Zealanders spent approximately $381 million on offshore online gambling.

The Act is intended to correct this legislative gap so that those who gamble online can receive some protection and the Government can collect uncaptured tax revenue.

The Act

Under the Act, all online casino gambling operators wanting to offer products and services to New Zealanders will be subject to a licensing regime. The Act defines online casino gambling as “gambling at a distance through a communication device” to:

• participate in gambling that “relies on a random number generator” or other chance-based outcome generations (like slot machines or lotteries);

• participate in casino table gambling (e.g., blackjack, poker or baccarat); or

• bet, pay, or stake money on the outcome of computer-simulated sporting events.

The regime will make up to 15 licences available to online operators through a competitive process. Once licensed, the operator will be able to advertise, and provide online casino gambling, to New Zealanders. A licence will be valid for up to three years, with the possibility to renew for up to five years.

To obtain a licence, operators must take part in a three-stage process led by the DIA. The process involves an operator submitting:

• an expression-of-interest (EOI);

• a bid for a licence in a competitive process; and

• a comprehensive application.

We discuss the timeline and requirements for each stage in more detail below. Note, the EOI and competitive process will be run through the Government Electronic Tender Service (GETS). Interested operators should sign up to GETS to ensure they are receiving the most up-to-date information on the DIA’s process.

July 2026: EOI opens

To participate in the competitive process, operators must first submit an EOI. The legislation prescribes a list of matters that must be disclosed in the EOI. This includes information about:

• the operator itself;

• the operator’s key officers;

• the operator’s ownership structure;

• the operator’s platform and branding;

• whether another entity or individual has significant influence over the operator;

• the source and amount of capital available to the operator; and

• any contributions the operator makes or intends to make for community purposes in New Zealand.

The DIA has indicated that the purpose of this stage is to ensure that the operator has sufficient capital, has not been convicted of any crimes, and that accepting the applicant’s EOI will not prejudice New Zealand’s reputation. If an operator’s EOI is accepted, they will be invited to participate in the competitive process.

September 2026: Competitive process takes place

The Secretary of Internal Affairs (the Secretary) is responsible for setting the rules and managing the competitive process. The first competitive process that will be undertaken will be an auction. See here for more information on the DIA’s auction guidance.

October 2026: Application process begins

Successful operators at the competitive process stage will be asked to apply for the licence and pay a prescribed fee of $19,000. The application must be accompanied by the operator’s:

• business plan;

• advertising and marketing strategy;

• consumer protection strategy;

• harm prevention and minimisation strategy;

• compliance strategy; and

• details about the online gambling platform, branding, and user interface.

Based on the information provided, the Secretary will assess whether the operator is suitable to hold a licence. The Secretary will also consider whether the operator has a commercial presence in New Zealand and assess if the operator makes contributions to the New Zealand community.

The Secretary cannot grant a licence to an operator that would have a “significant influence” over more than three licences at any time. The Act defines a person as having “significant influence” if:

• they are a licensed operator;

• the percentage of the voting power that the person can directly or indirectly exercise or control at meetings of the licensed operator is 20% or more; or

• the percentage of securities in the licensed operator that the person directly or indirectly owns or controls is 20% or more.

If an application is accepted, and the operator has received its licence, it will be permitted to advertise and conduct online gambling operations in accordance with the Act (and any regulations made under the Act) and the conditions that the Secretary may impose on the licence.

Requirements for licensed operators

Licensed operators will need to:

• account for GST;

• pay an annual online casino gambling duty of 16% (the DIA will set aside 4% of this duty to make financial contributions to the community);  

• pay an annual problem gambling levy of 1.24%; and

• pay an annual general licensing levy based on a fixed percentage of the operator’s gross gambling revenue.

Licensed operators will be required to display a registration icon on its gambling platform and on any visual advertisement that it publishes. Operators will also need to play a registration audio mark on its platform and in any audio advertisement.  

Licensed operators must take all reasonable steps to ensure that a gambling participant is at least 18 years old. Operators must also exclude persons who that identify themselves, or are otherwise identified by the operator, to be a problem gambler.  

Operators must establish, maintain and administer a publicly available complaints process. All complaints must be investigated and responded to within 40 days and in accordance with the complaints process. Operators must also maintain a complaints register and report to the Secretary every 3 months on the number of complaints received during that period, and any additional information required by the regulations.

The Act leaves a number of key details to be determined through regulation – the regulations were published in early June and come into force on 3 July 2026. The regulations cover:

• harm prevention and minimisation – for example, including restrictions on the amounts that may be bet, paid or staked as consideration and procedures to enable the identification of problem gamblers;

• consumer protection – such as requiring operators to collect information related to a customer’s identity and verifying their age;

• advertising and marketing – this includes controls on how operators can advertise their services; and

• fees and levies payable by operators.

Transition period and penalties

From 1 December 2026, operators that have not applied for a licence must stop providing online casino gambling in New Zealand. Operators that have applied for a licence before 1 December can continue providing services (but not advertise into New Zealand) until its application is decided or 1 June 2027 (whichever is earlier).

If an operator advertises or operates without a licence after the transition period it could be liable to a civil penalty of up to $5 million for a body corporate, or $300,000 for an individual. The DIA can also issue formal warnings and take enforcement measures (including issuing and enforcing take-down notices).

Although this framework is relatively clear domestically, enforcing it offshore may present practical challenges. Online casino providers may be located in jurisdictions with limited regulatory co-operation with New Zealand, which could complicate investigations and the enforcement of civil penalties. During the initial stages of the process, the Minister of Internal Affairs indicated that geo-blocking by the DIA would not be used to prevent New Zealanders from accessing unlicensed websites.  In practice, the DIA is likely to rely on intermediaries (such as engagement with app stores and internet service providers to help enforce take-down orders) and, as a result, some level of non-compliant offshore activity targeting New Zealand consumers may persist despite the new legislative settings.

The Act is the first significant update in New Zealand gambling laws in over 20 years and we expect the application process to be highly competitive. Please get in touch with our team if you have any questions or need advice on anything discussed in this article.