Who is allowed to advertise an online casino in New Zealand, and what happens to an ad that breaks the rules? Under section 10 of the Online Casino Gambling Act 2026, online casino advertising in NZ is allowed only in accordance with a licence. As at 8 October 2026, the Department of Internal Affairs (DIA) has not reported any licence as issued, and a court can order a penalty of up to $5 million.
The rules come in two layers. The first is a ban that has applied to everyone since 1 May 2026. The second is a detailed set of rules for the licensed operators who will advertise later. This guide takes them in that order.
The basic rule: no licence, no online casino advertising
Section 10 of the Online Casino Gambling Act 2026 (the Act) sets the rule. A person may publish, or arrange to publish, an advertisement relating to online casino gambling in a way that lets someone in New Zealand see it only if three conditions are met. The advertisement must be published in accordance with a licence. It must not relate to online casino gambling that is substantially similar to, and likely to compete with, a protected New Zealand lottery. And it must not relate to online casino gambling that involves betting on the outcome of a protected New Zealand lottery. Section 10(2) says that nothing in section 10 applies to the Lotteries Commission to the extent that it advertises New Zealand lotteries.
The location of the publisher does not matter. Section 4 applies section 10(1) “regardless of whether the person is in or outside New Zealand”.
The Act came into force on 1 May 2026, and no licence has been reported as issued. DIA says, on its page for providers updated 15 September 2026: “At this stage, online casino gambling advertising is prohibited in New Zealand.” Operators that have applied for a licence will be granted an exemption to continue operating “without advertising” until their application is decided. That exemption covers operating. It does not cover advertising.
DIA also says that “there will be up to 15 licensed operators who will be allowed to advertise to people located in New Zealand”, with restrictions, once the licensing process finishes in early 2027.
The older law worked differently. Before 1 May 2026, these advertisements fell under section 16 of the Gambling Act 2003, which bars publishing an overseas gambling advertisement and carries a fine of up to $10,000. Since 1 May 2026, section 16 makes an exception for “an advertisement relating to online casino gambling (see section 10 of the Online Casino Gambling Act 2026)”. Section 16 still applies to other overseas gambling. For the wider picture, see how the Online Casino Gambling Act 2026 regulates online casinos.
What counts as an advertisement?
Section 5 of the Act defines an advertisement in wide terms. It covers any words, written, printed or spoken, and any pictorial representation, design or device, including endorsements, sponsorships and similar third-party arrangements. It also covers any other communication used to encourage participation in online casino gambling, to notify its availability or to promote a gambling platform.
The word “publish” is just as wide. The definition includes to “convey by electronic medium”, to “store electronically in a way that it is accessible to the public”, and to “bring to the notice of the public in any other manner”. A post, a video and a page on a website can each be published in that sense. Whether a particular post, video or page is an advertisement is a separate question that this guide does not answer.
The Act lists five things that are not advertisements:
- a health message about gambling that does not directly or indirectly promote online casino gambling or a gambling platform;
- a communication promoting technical equipment or software meant only for operators;
- a communication by or for the Secretary of Internal Affairs about online casino gambling;
- a communication between an operator and a customer that is exclusively for administrative purposes; and
- a communication made in the course of broadcasting a physical sporting event held outside New Zealand.
Who does the ban apply to?
The ban in section 10 applies to a person who publishes an advertisement or arranges for one to be published. DIA says that includes advertisers, social media influencers and content creators, and platforms that let third parties advertise.
In practice, the rules apply to three groups:
- an operator that does not hold a licence;
- an advertiser, including a social media influencer or content creator, who publishes or arranges an advertisement; and
- a platform that allows third parties to advertise.
DIA also says the advertising rules apply to third parties, not only operators, and that take-down notices and the higher penalties “can be issued to anyone who publishes an unlawful advertisement”.
There is one point the ban does not address. Section 10 describes what the person who publishes or arranges an advertisement may do. This guide reads nothing into it about the person who sees the advertisement.
What DIA actually checks and how it enforces the ban
As the Act is written, DIA’s questions are short. Who published the advertisement or arranged for it to appear? Did that person hold a licence? Could the advertisement reach someone in New Zealand? If the answers point to a breach, Part 4 of the Act gives DIA four tools. They run from a warning to a court order.
- Formal warning (section 51). DIA can warn a person in writing when it is satisfied that the person has breached the Act. It must give public notice of the warning.
- Enforceable undertaking (sections 52 to 55). DIA can accept a written undertaking, which may include an admission of liability. If DIA considers the undertaking breached, it can apply to the High Court.
- Take-down notice (sections 56 to 60). DIA can issue this to a person who does not hold a licence and is publishing an advertisement in breach of section 10. The notice can require measures that stop the advertisement reaching people in New Zealand. It must name the advertisement, give the reason and the action required, and set a deadline within 2 days of the date it is issued. The person must comply by that deadline, and the High Court can order compliance.
- Pecuniary penalty (sections 50 and 62). Breaching the Act is a civil liability act. A pecuniary penalty is a civil penalty ordered by a court, so it is not an instant fine. The limit is $300,000 for an individual and $5 million for anyone else.
In setting a penalty, the court looks at the nature and extent of the breach, any loss caused, any commercial gain and earlier similar conduct.
Anyone can complain to DIA in writing about a civil liability act, without first complaining to the person concerned (section 68). DIA weighs factors such as actual or possible harm in deciding whether to investigate (section 69), and it tells the complainant what it decided (section 70).
Two limits are worth stating. How DIA enforces the Act against a publisher based overseas is not described on the DIA pages read for this guide, and neither is any step involving website or payment blocking. This guide makes no claim on either.
What licensed operators will be allowed to advertise
The Online Casino Gambling Regulations 2026 (SL 2026/169) came into force on 3 July 2026. Part 4, regulations 38 to 45, sets the rules for an operator that publishes an advertisement under section 10. Those rules apply, but they have no licensed operator to apply to yet. The first advertisements under them can appear only after licences are issued.
The table gives a selection, not the full list.
| Area | What the Regulations say | Reg. |
|---|---|---|
| Where ads may appear | Broadcast, video on demand, public display, print, direct message, online, within software, at an event | 39(1) |
| Where they may not | During a live broadcast and within 30 minutes either side; on public transport; on a front page; where a person is likely to see them while taking part in other gambling or betting on sport | 39(2) |
| Sponsorship | No advertisement involving sponsorship of a person, team, event or broadcast | 40 |
| Endorsements | No personal endorsement of a gambling platform or an operator | 40 |
| Affiliate arrangements | No advertisement that involves an affiliate arrangement | 3, 40 |
| Inducements | Only under set conditions; none implying “free” where a bet is needed | 40, 43 |
| Pressure and claims | No sense of urgency; no exaggerated winnings; no suggestion that luck or superstition affects the result | 40 |
| Imagery | No images or sounds of gaming machines or poker chips; no jackpot reference for an online slot game | 40 |
| Age | Not where more than 20% of the audience is likely to be under 18; no one who is or appears under 25 taking part in online casino gambling | 44 |
The endorsement and affiliate rows match what DIA calls its initial advertising decisions: “prohibiting affiliate marketing and paid endorsements”. The live-broadcast rule is not limited to sport, because the Regulations speak of live broadcasts in general.
Regulation 3 defines an affiliate arrangement as one where a person facilitates the referral of another person to a gambling platform and is entitled to a benefit that depends on a later outcome. The definition excludes a benefit paid solely for displaying a link to a gambling platform. Whether any given arrangement falls inside or outside it is a question for a lawyer.
An advertisement must not be reasonably likely to appeal to a person under 18, and advertising aimed at people aged 18 to 25 needs reasonable steps to keep under-18s from seeing it. The Regulations use the term “online slot games”, and a reference to a jackpot is barred for those games.
An advertisement must also be readily identifiable as one that relates to online casino gambling (regulation 41). DIA describes the wider framework as still being worked through, so more rules may follow.
What this means for your account
An advertisement is not a sign of a licence. No licence has been reported as issued, and DIA says it will publish a public register of licensed online casinos. Section 74 requires that register to be available on an internet site. As at 8 October 2026, DIA’s pages describe the register as something still to come.
After licences are issued, a licensed operator must show a registration icon on its platform and on certain visual advertisements (section 41). An icon is an image on a page, so check the operator in the register rather than the icon. Note the date you checked.
An operator that has applied for a licence may keep operating but may not advertise. If a site where you hold an account stops sending offers, this rule may be the reason.
Direct offers change too. Under regulation 42, a licensed operator may send a direct communication only with your express consent. For an account holder, what it sends must follow the choices made on the account, and it may not go to a person covered by the exclusion duties in section 40(a) to (d) of the Act. If advertising makes it harder to cut back, the Gambling Helpline offers free support on 0800 654 655.
DIA says that on an unlicensed platform you do not have the same player protections. For what the law says about that choice, see what the law says about playing at an offshore online casino. This guide describes the position as at 8 October 2026. It needs reviewing once the first licences are issued.
How to report an ad and where to find support
A complaint helps only if it reaches the right place. These steps cover most cases:
- Save the evidence: a screenshot, the address of the page, the account that posted it, and the date and time.
- Report the advertisement to DIA by email at onlinegambling@dia.govt.nz, the address given on DIA’s page for players. DIA, as the regulator, can issue a take-down notice.
- Use the reporting option on the platform where you saw the advertisement, if there is one.
- If the advertisement led to a site posing as another brand, or one that asks for payment first, contact your bank about the payment and report the site to Netsafe.
If gambling is affecting you or someone in your whānau, call the Gambling Helpline on 0800 654 655 or text 8006 for free support. More on limits and support is in tools and support for safer gambling. This guide gives general information and is not legal advice.
Questions about online casino advertising in NZ
Is online casino advertising banned in New Zealand?
DIA says it is prohibited at this stage. Section 10 allows an advertisement only in accordance with a licence, and no licence has been reported as issued. Once licences exist, licensed operators will be able to advertise within the limits set by the Regulations.
Can influencers promote online casinos in New Zealand?
DIA’s guidance for advertisers names social media influencers and content creators, and says take-down notices and penalties can go to anyone who publishes an unlawful advertisement. For licensed operators, the Regulations also bar personal endorsements and advertisements that involve sponsorship.
What is a take-down notice?
It is a written notice from DIA to a person without a licence who is publishing an advertisement in breach of section 10. It names the advertisement, gives the reason and the action required, and sets a deadline within 2 days of issue. The High Court can order compliance.
What is the maximum penalty for unlawful online casino advertising?
Under section 62(4), the limit is $300,000 for an individual and $5 million for anyone else. It is a pecuniary penalty, which a court orders. The older fine of up to $10,000 under section 16 of the Gambling Act 2003 applies to other overseas gambling advertising.
How do you report an online casino ad to DIA?
Email onlinegambling@dia.govt.nz, the address DIA gives for reporting unlawful advertising. Include a screenshot, the page address and the date and time you saw it. Anyone can also complain to DIA in writing under section 68 of the Act.
Does an ad mean the online casino is licensed?
No. Advertising is prohibited without a licence, and no licence has been reported as issued. Once licences exist, an operator should be in the register of licensed operators and show a registration icon, but the register is the source to check, not the icon.
Sources
Sources were read on 6 October 2026. The Act, the Regulations and the three DIA pages on advertising were read again on 8 October 2026. The Netsafe page was read on 9 October 2026.
- Online Casino Gambling Act 2026, New Zealand Legislation
- Online Casino Gambling Regulations 2026 (SL 2026/169), New Zealand Legislation
- Online gambling: information for advertisers, Department of Internal Affairs
- Online gambling: information for providers, Department of Internal Affairs, updated 15 September 2026
- Online gambling: information for players, Department of Internal Affairs
- Gambling Act 2003, New Zealand Legislation
- Gambling Helpline
- Forms to report harmful content (scams), Netsafe