Prohibited Gambling Activities in New Zealand

Published: 6 October 2026 • By: The New Lawyer Editorial Team • Jurisdiction: New Zealand (Gambling Act 2003)

The Gambling Act 2003 is structured as a prohibition statute with narrow, strictly enforced exceptions. Engaging in unauthorized gambling, establishing private commercial gaming operations, or advertising overseas gaming inside New Zealand territory constitutes a statutory offence punishable by severe financial and custodial penalties.

Section 9: The Remote Interactive Gambling Prohibition

Section 9(1) of the Act establishes that remote interactive gambling is prohibited. Under the statutory definition, remote interactive gambling encompasses any form of gambling conducted through communication devices including computers, mobile phones, or interactive digital interfaces, where participants place wagers electronically.

What Is Prohibited Under the Law?

The Department of Internal Affairs Te Tari Taiwhenua enforces strict legal boundaries against the following activities:

  • Domestic Online Casinos: It is unlawful for any company, individual, or trust to establish, host, or operate an online casino, online poker room, or digital sports book within New Zealand (with the sole statutory exceptions of Lotto NZ and TAB).
  • Advertising Overseas Gambling (Section 16): Publishing or broadcasting an advertisement inside New Zealand that promotes an offshore gambling website is an offence carrying fines of up to $10,000 for individuals and $50,000 for corporate entities.
  • Unauthorized Electronic Gaming Machines: Operating any electronic gaming machine (pokie) outside of a licensed casino or a venue holding a valid Class 4 operator and venue licence.
  • Commercial Private Poker Rooms: Conducting card games or casino-style games where the host extracts a rake, seat fee, or commercial commission without a casino licence.
  • Unauthorized Bookmaking: Offering fixed-odds or pari-mutuel sports or race wagering outside the statutory monopoly of TAB New Zealand.
A physical brass padlock beside blank identity cards and a closed laptop in a plain office
Section 9 of the Gambling Act 2003 makes it a criminal offence to establish or advertise remote interactive gaming in New Zealand.

Can a Person in New Zealand Use an Overseas Site?

This is one of the most frequently misunderstood areas of New Zealand law. The prohibition in Section 9 applies to the establishment and commercial operation of remote gambling within New Zealand. It is not a criminal offence for a resident situated in New Zealand to access and place wagers on an online casino whose servers, licensing, and corporate operations reside offshore.

Because extraterritorial foreign operators exist beyond New Zealand judicial boundaries, the current 2003 statute does not criminalise consumer participation. However, players doing so forfeit domestic consumer protections, dispute resolution mechanisms, and statutory harm prevention protocols.

Court judgments and enforcement filings
Offences under the Gambling Act carry corporate fines of up to $100,000 and forfeiture of gaming equipment.