Is online gambling legal in New Zealand? The answer depends on who is asking. The Online Casino Gambling Act 2026 prohibits running or advertising an online casino for people in New Zealand without a licence, with a transition for existing operators. What a licence changes for you is protection: age checks, exclusion, complaints and oversight by the Department of Internal Affairs (DIA).
The Act has one offence that concerns an individual who gambles: section 66, on gambling for someone under 18, which starts on 1 December 2026. This guide sets out who each rule is written for, which protections depend on a licence and where the Act is silent. It reads the law as at 8 October 2026 and gives general information, not legal advice.
Start here: who to ask and where to check
DIA regulates online casino gambling and publishes the information for players. It says it will publish a public register of licensed online casinos. Its pages describe licences as still to come, with the first expected from early 2027, so as at 8 October 2026 there is no register entry to check an operator against.
If gambling is affecting you or someone in your whānau, the Gambling Helpline offers free and anonymous support on 0800 654 655, or you can text 8006. Limits, exclusion and other tools are covered in safer gambling tools and support.
Is online gambling legal in New Zealand, and who is the Act written for?
The Act prohibits two things: running online casino gambling that people in New Zealand can join, and advertising it, unless a licence covers the activity. Both rules are written for the operator and the advertiser. The Act also defines the verb the operator carries out, “conduct”, and that definition leaves the gambler out.
Section 9(1) of the Online Casino Gambling Act 2026 (Public Act 2026 No 14) allows a person to run online casino gambling “in a manner that enables a person who is in New Zealand to participate” only under a licence. Section 5 defines “conduct” to cover organising, managing or supervising the gambling and operating a platform that gamblers join. Paragraph (b) adds that it does not include “participating in online casino gambling as a gambler”. That definition decides who the prohibitions reach.
Section 4 applies sections 9(1) and 10(1) “regardless of whether the person is in or outside New Zealand”. An overseas head office does not take an operator outside the Act. The Act sorts operators by licence, not by address.
Section 10(1) allows an online casino advertisement only if it is published in accordance with a licence. That rule is aimed at whoever publishes or arranges the advertisement, not at the person who sees it. The details have their own guide on the rules on online casino advertising.
The penalties apply to the same people. Section 50(1) lists the acts that carry civil liability, among them running online casino gambling without a licence and advertising without one. On DIA’s application the High Court can order a pecuniary penalty. For those two acts the limit is $300,000 for an individual and $5 million for any other person (sections 61 and 62(4)).
For a player, the prohibitions and the penalties are addressed to the operator and the advertiser.
Does the Act penalise a player?
The Act contains one offence aimed at an individual who gambles: section 66, which covers gambling on behalf of a person under 18. The list of civil liability acts in section 50(1) does not describe taking part as a gambler. This guide reports what the sections say and does not draw a conclusion about any one reader.
Section 66(1) says a person commits an offence by participating in online casino gambling on behalf of a person in New Zealand who is under 18, while knowing, or being reckless as to whether, that person is under 18. The fine is up to $10,000, and the section starts on 1 December 2026. It is a rule about gambling for a minor.
Section 50(1) names eight acts, among them running without a licence, advertising without one, breaching the registration icon rules, ignoring a take-down notice and giving false or misleading information. None of the eight is described as taking part as a gambler.
Where the Gambling Act 2003 fits
Other kinds of gambling stay under the older Gambling Act 2003 and other laws. Section 9(1) of that Act begins “Gambling is prohibited and illegal unless it is”, then lists the permitted kinds, and since 1 May 2026 the list includes online casino gambling, added by the new Act. The general offence of participating in illegal gambling sits in section 19(1)(a) of that older Act, with a fine of up to $1,000.
How the two Acts fit together for a person who plays is a legal question, and this guide does not answer it. The Act itself, or a lawyer, is the place to look.
Section 66 matters to a player only if someone under 18 is involved.
What changes on 1 December 2026?
For customers, DIA says nothing changes yet. From 1 December 2026 only licensed operators will be able to provide online casino gambling in New Zealand, with a transition that lets operators who applied by then continue, without advertising, until their application is decided or 1 June 2027, whichever comes first.
DIA’s page for players says: “There are currently no changes for online casino customers in New Zealand.” It adds that other online casinos “will be legally required to exit the New Zealand market”. Schedule 1 of the Act sets the mechanics. An operator already serving people here that applies for a licence before 1 December 2026 is outside the section 9(1) prohibition until the day after DIA notifies its decision or 1 June 2027, whichever is earlier.
The licences themselves are limited. DIA’s page for providers (updated 15 September 2026) says up to 15 will be available, with an auction scheduled for 29 September 2026 and licence applications from October 2026. The page predates the auction and reports no result and no licence issued. DIA’s page for players says: “We expect to start to issue licences from early 2027.” The full timetable has its own guide on the 15 licences and the key dates.
In short, the prohibition does not start on one date for everyone. Operators that have not applied are covered from 1 December 2026. Operators that have applied are outside it until the day after DIA notifies its decision or 1 June 2027, whichever is earlier. As at 8 October 2026 there is no public register to show which group an operator is in.
What protection depends on a licence?
Most of the Act’s player protections are written as duties of an “operator”, and the Act defines an operator as a person who holds a licence to conduct online casino gambling. The protections below therefore attach to licence holders. DIA puts it in one sentence: “If you decide to use an unlicensed platform, you won’t have the same player protections.”
| Protection | What a licensed operator must do | Where |
|---|---|---|
| Age and identity | Take all reasonable steps to confirm players are 18 or older, and verify identity | s 38; reg 16 |
| Limits and breaks | Let customers set limits on time, deposits and spending, and offer breaks in play | s 39; regs 5 and 6 |
| Exclusion | Exclude a person who asks, without undue delay and within 24 hours | s 40; reg 8 |
| No credit | Not offer credit for gambling, and not accept a credit card | s 42; reg 18 |
| Complaints | Run a public procedure, acknowledge in writing within 24 hours and resolve within 40 working days | s 45; reg 24 |
| Complaint to DIA | Customers can complain to DIA without going to the operator first | s 68 |
| Money after a licence ends | Keep paying winners and let customers withdraw funds | s 31 |
| Registration icon | Show it on the platform and in advertising; anyone without permission must not | s 41 |
| Public register | DIA lists operators, licences and a summary of any enforcement action | s 74 |
Each row describes a licence holder. The sections do not say what a player gets from a site that holds no New Zealand licence, apart from DIA’s sentence above. Regulation numbers refer to the Online Casino Gambling Regulations 2026.
A complaint is only as useful as the place it can be sent. DIA says players will be able to complain about a licensed casino either to the casino or to DIA as the regulator, and its wording is about licensed casinos.
Exclusion, limits and a route to DIA all start with a licence.
What DIA actually checks
DIA licenses, registers and enforces. Four tools stand out in the Act.
The register and the registration icon
DIA grants the licences and, under section 74, keeps a public register of operators and licences. As at 8 October 2026 neither exists yet. Under section 41(4), a person who is not permitted to run or advertise online casino gambling must not display the icon. An icon is a claim a page can display. A register entry is a record, so once the register exists, check the operator there and note the date.
Take-down notices and penalties
Sections 56 to 60 provide for take-down notices to a person who runs or advertises online casino gambling without a licence, and ignoring one is a civil liability act. Penalties are ordered by the High Court, not by DIA.
Complaints from the public
Section 68 lets a person complain in writing to DIA about a civil liability act, including one by an operator without a licence. Under section 69 DIA decides whether to investigate, and the Act does not say that a complaint leads to a refund.
Where the reach stops
The Act contains no express power to order the blocking of websites or payments. Its tool is the take-down notice, which under section 56 can require a person without a licence to stop a gambling platform being accessible to people in New Zealand. Section 31 keeps the duty to pay winners and allow withdrawals for an operator whose licence has ended. The Act itself does not say what happens to a balance held with an operator that never held a New Zealand licence and leaves the market.
The register and the icon only help once licences exist.
Is online sports betting or Lotto treated the same way?
No. Online gambling in New Zealand falls under three regimes: online casino gambling, racing and sports betting, and lotteries. Each has its own rule, and the Online Casino Gambling Act 2026 covers only the first. For the full picture, see how online gambling is regulated in New Zealand.
Racing and sports betting sit under the Racing Industry Act 2020. DIA says that as of 28 June 2025 “online racing and sports betting is prohibited unless it is operated by New Zealand’s domestic provider TAB NZ”. Section 74AAA of that Act is the provision, and like the casino rules it is aimed at whoever offers the betting.
The Gambling Act 2003 adds a limit of its own. Section 19(4) says an individual “may not be convicted of an offence under subsection (1)(a) for placing a bet with an offshore betting operator (as defined in section 105 of the Racing Industry Act 2020) in contravention of section 74AAA of the Racing Industry Act 2020.” That sentence concerns one offence. It is not a general statement about betting with offshore operators.
Lotteries are the third regime. Section 9(2) of the Online Casino Gambling Act 2026 exempts the Lotteries Commission (Lotto NZ) from the casino prohibition to the extent it conducts New Zealand lotteries. Whether winnings are taxed is a separate question, answered in whether gambling winnings are taxed in New Zealand.
Which law applies depends on the product, not on the website.
Questions readers ask about the law on online gambling
Is online gambling legal in New Zealand?
It depends on the kind. The Online Casino Gambling Act 2026 prohibits running or advertising an online casino for people in New Zealand without a licence, with a transition for existing operators. DIA says online racing and sports betting is limited to TAB NZ.
Can you get in trouble for gambling at an offshore online casino?
The Act’s prohibitions are written for those who conduct and advertise online casino gambling, and its definition of conduct excludes taking part as a gambler. The one offence in the Act that concerns an individual who gambles is section 66, which covers gambling on behalf of someone under 18. Anything beyond that is a question for the Act or a lawyer.
What happens to online casinos on 1 December 2026?
Only licensed operators will be able to provide online casino gambling in New Zealand. Operators that applied for a licence by then can continue, without advertising, until DIA decides or 1 June 2027, whichever is earlier. DIA says all others must exit the market.
Which online casinos are licensed in New Zealand?
None yet. As at 8 October 2026 DIA’s pages describe licences as still to come, with the first expected from early 2027, and a register to follow. Until then there is no official list to check, and an icon on a page is only a claim.
What protection is missing at an online casino without a New Zealand licence?
DIA says a player on an unlicensed platform will not have the same player protections. In the Act, the duties on age checks, limits, exclusion within 24 hours, credit and complaints all fall on licence holders.
How old do you have to be to gamble at an online casino?
The minimum age is 18. Section 38 requires a licensed operator to take all reasonable steps to make sure that every player is 18 or older, and section 66 creates an offence for gambling on behalf of a person under 18.
Can DIA block an online casino website?
The Act contains no express power to block websites or payments. It provides for take-down notices to a person who runs or advertises online casino gambling without a licence (sections 56 to 60), and a notice can require a person running a platform without a licence to make it inaccessible to people in New Zealand.
Where to get help and who can answer the rest
Two different questions come up after reading the law. For gambling that is causing harm to you or someone in your whānau, call the Gambling Helpline on 0800 654 655 or text 8006. The service is free and anonymous.
For a legal question about a particular situation, ask a lawyer. This guide gives general information and is not legal advice. Check DIA’s pages again after 1 December 2026, because the position described here is due to change.
Sources
Read on 8 October 2026 unless a different date is shown.
- Online Casino Gambling Act 2026 (Public Act 2026 No 14), New Zealand Legislation
- Gambling Act 2003, New Zealand Legislation, version as at 6 June 2026
- Racing Industry Act 2020, New Zealand Legislation, version as at 28 June 2025
- Online Casino Gambling Regulations 2026 (SL 2026/169), New Zealand Legislation
- Online gambling: information for players, Department of Internal Affairs
- Online gambling: information for providers, Department of Internal Affairs, updated 15 September 2026
- Gambling Helpline