How to understand New Zealand’s gambling laws

General

Introduction

Gambling in New Zealand is regulated by the RACING ACT 2003, which covers racing and sports-betting, and by the GAMBLING ACT 2003, which covers casinos, poker machines and all other types of gambling.

The Government body that oversees gambling is the Department of Internal Affairs. The Ministry of Health is responsible for delivering a strategy for problem gambling.

The Gambling Commission hears appeals from Internal Affairs decisions to do with gambling licences and regulations.

Legal and illegal gambling

Gambling is legal if it’s permitted under the GAMBLING ACT 2003 or the RACING ACT 2003, or if it is private gambling.

"Private gambling" means gambling:

Bookmaking and "remote interactive gambling" (Internet gambling) are illegal forms of gambling.

No advertising for overseas gambling

Advertisements for overseas gambling cannot be published in New Zealand.

No credit for gambling

It’s illegal for gambling operators or TABs to provide or offer credit for gambling if they know that the other person intends to use the credit for gambling. The penalty is a fine of up to $10,000.

Classification and licensing of gambling

How gambling is classified

The GAMBLING ACT 2003 classifies the different types of gambling according to the amount of money and the risks of problem-gambling and criminal activity associated with them. (The Act covers all gambling other than racing and sports-betting.)

Classes of gambling range from class 1, which covers low-stake, low-risk gambling that does not require a licence, to class 4, which covers high-turnover, high-risk licensed gambling, such as poker machines.

When is a licence necessary?

Class 1 and 2 gambling do not require a licence:

Class 3 and 4 gambling do require licences:

Housie

"Housie" may be conducted as class 1, 2 or 3 gambling and will be required to meet the relevant game rules. When it's class 3 (see above), a licence will be necessary. Only a corporate society may conduct class 3 housie.

Restrictions on Class 4 gambling

Class 4 stake and prize limits

Government regulations impose stake and prize limits for Class 4 gambling. Class 4 operators must make sure that:

Unsuitable venues for Class 4 licensing purposes

For the purposes of venue licensing by Internal Affairs, government regulations have declared the following places to be unsuitable for Class 4 gambling:

No ATMs in Class 4 areas

Automatic teller machines (ATMs) are banned from Class 4 gambling areas.

Problem gambling in Class 4 areas

Class 4 venues must make the following information available to players:

  • pamphlets with information about the odds of winning on poker machines
  • information about the recognised signs and other characteristics of problem gambling, and how to get advice for problem gambling
  • Class 4 venues must also display clearly visible signs that encourage players to gamble only at levels they can afford and that tell them how they can get help for problem gambling.

    Managers and staff must receive training in problem gambling awareness so that there is always a trained person at the venue.

    Restrictions specific to poker machines

    Specific rules relating to poker machines in both Class 4 areas and casinos are explained below: see "Restrictions on poker machines in Class 4 areas and casinos".

    Restrictions on Class 4 gambling

    Casinos

    When can casinos be open?

    Casinos must be closed on Christmas Day, Good Friday and Anzac Day between 3.00 am and 1.00 pm.

    Information for casino gamblers

    The casino must display, at each gambling table or next to where the game is played (except for gaming machines), a notice for gamblers explaining:

    Casino operators who don’t comply with this can be fined up to $5,000.

    No new casinos

    No new casino venue licences can be granted under the GAMBLING ACT 2003, but existing licences can be renewed.

    Casinos cannot expand the opportunities for gambling that they provide.

    No ATMs in casinos

    Automatic teller machines (ATMs) are banned from casino gambling areas.

    Problem gambling in casinos

    Casinos must make the following information available to players:

  • pamphlets with information about the odds of winning on poker machines
  • information about the recognised signs and other characteristics of problem gambling, and how to get advice for problem gambling
  • Casinos must also display clearly visible signs that encourage players to gamble only at levels they can afford and that tell them how they can get help for problem gambling.

    Casinos must provide training in problem gambling awareness to their managers and to all staff who are in direct contact with players.

    Restrictions specific to poker machines

    Specific rules relating to poker machines in both Class 4 areas and casinos are explained below.

    Restrictions on poker machines in Class 4 areas and casinos

    Information that poker machines must display

    From 1 October 2005, all new poker machines must display the following messages, if the player chooses to see this information:

  • the odds of winning (including the five top and bottom winning combinations)
  • the average winnings paid out to players over a particular period of time or a particular number of plays
  • the maximum and minimum player spend rate for the game
  • how long the particular player has been playing for
  • how much the player has spent during that session
  • the player's net wins or net losses during that session
  • From 1 October 2005, all new poker machines must also display the correct time while they're being used.

    From 1 July 2009, those rules applies to all poker machines, whether old or new.

    Poker machines must include feature that interrupts play

    From 1 October 2005, all new poker machines must include a feature that:

    If the player doesn't want to continue, the machine must automatically pay out any winnings and credits to the player.

    From 1 July 2009, those rules applies to all poker machines, whether old or new.

    Restrictions on jackpot advertising

    Class 4 gambling areas and casinos cannot advertise poker machine jackpots either:

    Further, they cannot use the word "jackpot" (or any similar word) as part of their branding in any advertising - including radio, TV, newspapers and magazines, the Internet, or signage outside the venue.

    Minimum ages for poker machines

    See below under "Young people and gambling".

    Racing and sports-betting

    TABs and the Racing Act 2003

    Racing and sports-betting is regulated by the RACING ACT 2003.

    However, poker machines in TABs are governed by the GAMBLING ACT 2003. They are legal so long as the venue’s primary activities are being carried out. This rule is to prevent venues being open outside their sale of liquor hours so that they can operate poker machines.

    No ATMs in TABs

    Automatic teller machines (ATMs) are banned from TABs.

    Problem gambling in TABs

    TABs must display clearly visible signs that encourage players to gamble only at levels they can afford and that tell them how they can get help for problem gambling.

    TABs must also provide training in problem gambling awareness to all staff who supervise betting at the TAB.

    Internet gambling

    NZ-based gambling websites

    Internet gambling ("remote interactive gambling") provided by New Zealand gambling operators is illegal. Gambling conducted by the NZ Racing Board or the Lotteries Commission is exempt from this ban.

    Overseas websites

    Gambling on Internet sites with operators who are overseas is not illegal.

    Young people and gambling

    No minimum age for Lotto

    You can buy a Lotto ticket at any age.

    Minimum age for Instant Kiwis

    It’s illegal to buy, or try to buy, an Instant Kiwi ticket if you are under 18, even if you are buying it for someone else. It’s also illegal to buy an Instant Kiwi for someone who is under 18. You can be fined up to $500 for these offences.

    It’s illegal for shopkeepers to sell, or offer to sell, Instant Kiwi tickets to someone under 18. It’s a defence if the shopkeeper reasonably believed that the buyer was 18 or older (for example, the buyer had a fake ID). The shopkeeper can be fined up to $1,000.

    Minimum age for poker machines

    It’s an offence to use a poker machine ("gaming machine") if you’re under 18. You can be fined up to $500, and made to pay back any winnings.

    Most poker machines are in pubs, and you cannot go into a pub if you are under 18. Therefore if you use a poker machine in a pub, you commit two offences: one just for being in the pub, and one for using the machine. This applies even if you don’t buy any alcohol in the pub.

    If a person who’s under 18 uses a poker machine, the club or other organisation that holds the licence commits an offence, and can be fined up to $5,000. It’s a defence if the organisation had no knowledge of the under-age gambling and had reasonable grounds to believe that the venue had effective procedures to prevent under-age gambling.

    The manager or other key person at the venue also commits an offence, and can be fined up to $1,000. It’s a defence if the person had reasonable grounds (for example, seeing an evidence of age document) to believe the gambler wasn’t under-age.

    Minimum age for racing and sports-betting at TABs

    It’s against the law to bet or to try to bet on a race or sporting event at the TAB if you’re under 18. This applies even if the bet is for another person who is 18 or older. You can be fined up to $500.

    It’s also against the law to make a bet for someone else who’s under 18. For this, you can be fined up to $1,000.

    It’s an offence for anyone at a TAB to take a bet from someone who’s under 18, or to allow this to happen. The penalty is a fine of up to $5,000. It’s a defence if the person taking or allowing the bet had reasonable grounds (for example, an evidence of age document) to believe that the better was 18 or older.

    Minimum age for casinos

    It’s illegal to be in the gaming area of a casino if you’re under 20. You can be fined up to $500 for this.

    The casino can be fined up to $5,000.

    When you can be required to prove your age

    Police officers, gambling inspectors and TAB staff can require you to provide evidence of your age if they suspect you’re under-age. If you fail to do this, or give false information, you can be fined up to $500.

    No winnings if under-age

    If you’re convicted of under-age gambling under the GAMBLING ACT 2003, the court can order you to pay back your winnings to the gambling operator, as well as any other penalty that the court decides to impose on you.

    If gambling operators under the GAMBLING ACT 2003 have reasonable grounds to suspect that you’re under-age, they must refuse to give you your winnings. But they must keep a record of all the details. If you can verify your age within seven days, you can claim your winnings.

    Help and support for problem gambling

    Where to get information and support

    There are a number of organisations that provide help or information if you think that gambling may be becoming a problem for you or a friend or family member. Phone: