The Gambling Act 2003 Explained
The Gambling Act 2003 is the cornerstone of New Zealand's gambling legislation, replacing the outdated Gaming and Lotteries Act 1977. This comprehensive law establishes the legal framework for all gambling activities in New Zealand, from casinos to pokies, lotteries, and raffles. Understanding this Act is essential for grasping how gambling is controlled and regulated in the country.
The Gambling Act 2003 has four clearly defined purposes that guide all gambling regulation in New Zealand. First, to control the growth of gambling by limiting licences and preventing excessive expansion. Second, to prevent and minimise the harm caused by gambling through responsible gambling programmes and support services.
Third, to authorise certain types of gambling and prohibit others — creating a clear legal framework that distinguishes between permitted activities (licensed casinos, approved lotteries) and illegal gambling. Fourth, to facilitate responsible gambling by ensuring operators provide information, self-exclusion options, and staff training.
These purposes reflect a harm-minimisation approach rather than prohibition. The Act recognises that gambling can be legitimate entertainment while acknowledging its potential for harm. This balanced approach shapes every aspect of gambling regulation, from licensing decisions to enforcement actions.
The Act establishes a comprehensive licensing regime for different gambling classes. Class 4 gambling (pokies in pubs and clubs) requires operator licences and venue agreements with strict conditions. Casino gambling operates under a restricted licence system — only six licences are permitted nationwide, and no new licences can be issued.
Responsible gambling requirements are mandatory across all gambling sectors. Operators must develop and implement harm prevention programmes approved by the DIA, train staff to recognise problem gambling signs, display information about gambling risks and support services, and provide access to self-exclusion programmes.
The Act also includes strict advertising standards, prohibiting gambling advertising that targets minors, portrays gambling as a solution to financial problems, or suggests gambling is a rite of passage. Casino operators must ensure advertising is socially responsible and includes responsible gambling messages.
Section 9 of the Gambling Act 2003 establishes strict prohibitions on online gambling. It is illegal to provide "remote interactive gambling" (online casino games, pokies, or sports betting) to people in New Zealand, with limited exemptions for the New Zealand Racing Board (TAB NZ) and New Zealand Lotteries.
This prohibition applies to both New Zealand-based and offshore operators who target New Zealand residents. The DIA works with the Department of Home Affairs to enforce these provisions, including blocking access to illegal gambling sites and pursuing operators who breach the law.
However, the Act does not criminalise New Zealanders who use offshore gambling sites — only the operators who provide these services unlawfully. This creates a legal grey area where Kiwis can access international online casinos, though these sites lack New Zealand regulatory oversight and player protections.
The Department of Internal Affairs has extensive powers to monitor and enforce the Gambling Act 2003. DIA inspectors can enter gambling premises without notice, demand production of records and equipment, interview staff and patrons, and seize evidence of non-compliance.
Penalties for breaching the Act range from infringement notices (fines issued on the spot for minor violations) to criminal prosecution for serious offences. Operating an illegal casino can result in fines up to $1 million for corporations or $200,000 and two years imprisonment for individuals.
The DIA publishes enforcement decisions and annual reports detailing compliance activities, prosecutions, and industry trends. Recent enforcement has focused on failures in responsible gambling programmes, illegal online gambling operators, and pokies being operated without proper licences or in breach of harm minimisation requirements.
Frequently Asked Questions
What is the main purpose of the Gambling Act 2003?
The Act has four main purposes: to control the growth of gambling by limiting licences; to prevent and minimise gambling harm through responsible gambling programmes; to authorise certain types of gambling while prohibiting others; and to facilitate responsible gambling through operator requirements and player protections.
Does the Gambling Act 2003 prohibit online gambling?
Yes, Section 9 prohibits providing online casino games, pokies, or sports betting to New Zealand residents, with exemptions only for TAB NZ and NZ Lotteries. However, it's not illegal for Kiwis to use offshore gambling sites — only for operators to provide these services to NZ residents without authorisation.
How many casino licences does the Act allow?
The Gambling Act 2003 grandfathered six existing casino licences from the previous Gaming and Lotteries Act 1977. The Act prohibits issuing new casino licences unless an existing one is surrendered, creating a permanent cap of six land-based casinos in New Zealand.
What are the penalties for violating the Gambling Act?
Penalties vary by offence. Minor violations can result in infringement fines. Operating illegal gambling can lead to fines up to $50,000 for individuals or $200,000 for corporations. Serious offences like running an illegal casino can result in fines up to $200,000 and two years imprisonment for individuals, or up to $1 million for companies.
Safe Gambling
Playing at a New Zealand online casino should be a rewarding experience done within your means. If needed, use deposit limits, time-outs and self-exclusion. New Zealand organisations like the Problem Gambling Foundation NZ and the National Addictions Centre help players who need support.
Gambling should only ever be viewed as entertainment — never as a way to make money. If you find yourself chasing losses, unable to stop, or expecting to win, you may be showing signs of problem gambling. Stop immediately, visit our Responsible Gambling page, and contact the Problem Gambling Foundation.