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After years of operating in a regulatory grey zone, online casino gambling is now subject to a formal licensing regime in New Zealand. The Online Casino Gambling Act 2026 (the Act) is now in force, and the Department of Internal Affairs (DIA) has opened the first stage of a competitive process to award a strictly limited number of licences.
From 1 December 2026, operators that have not applied for a licence must cease providing online casino gambling in New Zealand. The Act has extraterritorial reach, applying to any online casino gambling operator enabling NZ-based play, wherever incorporated. For the many offshore operators, a licence is now the gateway to lawfully serving, and advertising to, New Zealand customers.
Because the number of licences is capped and awarded by auction, the operators who prepare early – and who can demonstrate a credible compliance story – will be best placed to get the golden ticket. Read on the article from my New Zealand DLA Piper colleagues Nick Valentine and Vivian Mitchell for details on the licensing pathway, requirements, and key dates, as well as the risks of non-compliance.
Key takeaways
- EOI and Auction: online casino gambling operators are invited to submit an expression of interest (EOI) to obtain a licence. EOIs close on 14 August 2026. Following acceptance of EOIs, a limited number of rights to apply for a licence will be offered via a competitive auction.
- Limited licences available: 15 online casino gambling licences will be available. Each is valid for up to three years (with the possibility of renewal for a further five years). Each licence covers a single brand, and no single applicant may be granted more than three licences.
- Firm transition deadline: from 1 December 2026, only providers with a licence or an application under consideration may continue to operate until a decision is made.
- Enforcement: if an operator advertises or operates without a licence after 1 December 2026, it could be liable to a civil penalty of up to NZD5 million for a body corporate, or NZD300,000 for an individual. The DIA can also take enforcement measures and issue formal warnings.
- Advertising: New Zealand now has some of the tightest advertising restrictions in the region. Only licensed operators may advertise to New Zealanders, and even then, affiliate marketing, paid endorsements, sponsorships and celebrity endorsements are prohibited outright, closing the acquisition channels operators rely on in a lot of markets. There are also strict placement and timing limits (no live-event windows, no under-18 targeting).
The licensing pathway: three stages
The DIA is running the process through the Government Electronic Tenders Service (GETS). Registering on GETS is the essential first step for any interested operator, and – given the registration process can take time – we recommend attending to this as early as possible.
Stage 1 – Expression of Interest (EOI)
Only providers with an accepted EOI can go forward to the auction. The invitation to submit an EOI opened on 17 July 2026 and closes on 14 August 2026. The legislation prescribes a list of matters an EOI must contain, which includes information about:
- the operator (e.g. constitutional documents) and its key officers (e.g. photo ID);
- the operator’s ownership structure, and whether any other entity or individual has significant influence over it (eg ownership structure diagrams);
- the operator’s platform and branding intended to be used;
- the source and amount of capital available to the operator; and
- any contributions the operator makes or intends to make for community purposes in New Zealand.
The full requirements can be found on the DIA website. A person who submits an expression of interest for a licence under section 13 of the Act must pay a fee of NZD19,000 (excl GST) to the Department of Internal Affairs (DIA).
The intention behind this stage is to confirm operators are sufficiently capitalised, have a clean record (including no criminal convictions), and that accepting the EOI would not prejudice New Zealand’s reputation.
Stage 2 – Auction
Following acceptance of EOIs, the right to apply for a licence will be awarded to up to 15 providers through a competitive process. The auction is expected to be held in September 2026. The NZ Government has decided on a multi-round simultaneous ascending clock auction: the price rises in successive rounds as bidders choose whether to stay in or withdraw, until the demand matches the number of licences available. The DIA manages the process, and the auction guidance can be found on the DIA website.
Stage 3 – Licence application
Licence applications can only be made by the successful bidders at the auction. Applications are expected to open shortly after the auction close (in October 2026). The application will require a business plan together with detailed strategies covering:
- advertising and marketing;
- consumer protection;
- harm prevention and minimisation; and
- regulatory compliance.
This information, together with the material provided at the EOI stage, will be used to assess whether the provider is suitable to hold a licence.
If you don’t get a licence
From 1 December 2026, operators that have not applied for a licence must cease conducting online casino gambling in New Zealand. Those that have submitted an application may continue operating (without advertising) under an exemption until the application is determined. If the licence application is declined, the operator will be required to cease all online casino gambling operations in New Zealand and exit the market. The DIA will publish guidance on how to apply before this stage of the process begins.
Operators who operate without a licence post 1 December 2026 could be liable for a penalty of up to NZD5 million for a body corporate, or NZD300,000 for an individual. The DIA can also take enforcement measures and issue formal warnings.
Advertising
Section 10 of the Act sets out that a person may publish or arrange for an online casino gambling advertisement for the attention of New Zealanders only if:
- published/arranged in accordance with a licence; and
- the online casino gambling is not substantially similar to, not likely to be in competition with and does not involve betting on the outcome of a protected New Zealand lottery.
Because no licence have been issued yet, since 1 May 2026, operators have been barred from advertising online casino gambling to New Zealand customers.
When licences are issued, licensed operators’ advertisements will need to comply with Part 4 of the Online Casino Gambling Regulations 2026, which came into force on 3 July 2026.
Some forms of advertising are expressly permitted, including:
- broadcasting the advertisement;
- video on-demand content;
- display in public view at any premises or place;
- physical publication;
- direct communication to a person;
- online or within software; and
- at an event under certain circumstances eg the event relates to online casino gambling.
However, these permitted methods are subject to certain restrictions, such as a requirement not to advertise during a live broadcast (and 30 minutes before or after), no advertising on public transport or on the front page of a publication that consists of more than one page.
On the other hand, certain types of advertisement are outright prohibited. This includes advertisements:
- using sponsorships, endorsements, or affiliate arrangements;
- using inducements or interactive features;
- promoting impulsivity or urgency;
- that are false or misleading;
- which are personalised;
- containing certain sensory cues;
- portraying alcohol, violence, denigration or discrimination;
- causing offence;
- that refer to community contributions;
- breaching regulation 44 (age requirements) or 45 (harm minimisation messages); or
- involving other types of gambling.
Other regulations under Part 4 include the requirement for advertisements to be identifiable as relating to online casino gambling and include harm minimisation messages, specific requirements for advertisements which are directly communicated or which offer inducements, and age requirements.
Operators who currently rely on any of the prohibited methods of advertising will need to rebuild their strategy around compliant, direct advertising and demonstrate that plan in any licence application.
Lessons from recent enforcement
Recent enforcement activity demonstrates that the DIA is actively monitoring the market and taking action against unauthorised online gambling. For example, the DIA has issued infringement notices to multiple social media influencers who promoted offshore casino services to New Zealand audiences, as well as to the offshore operator itself. The DIA treated each advertisement as a separate contravention (with one influencer accumulating repeated penalties across several posts), maintained ongoing monitoring of offending accounts, and directed social media platforms and ISPs to take down illegal advertising.
These infringement examples sit at the heart of what the new regime prohibits. While licensed operators are able to advertise, they will be subject to a tightly regulated framework designed to minimise gambling harm.
Key dates
| Date | What is happening |
|---|---|
| 1 May 2026 | Online Casino Gambling Act 2026 came into force |
| 8 July 2026 | Online Casino Gambling (Minimum Standards) 2026 came into force setting out the minimum requirements licensed operators must meet |
| 17 July 2026 | Expressions of Interest open on GETS |
| 14 August 2026 | Expressions of Interest close – final day to submit. Only accepted EOIs proceed to the auction |
| September 2026 | Auction to determine which providers may apply for a licence |
| October 2026 | Licence applications open for successful bidders |
| 1 December 2026 | Providers that have not applied for a licence must cease operating in New Zealand. Those with an application under consideration may continue (without advertising) pending a decision |
| 2027 | Fully licensed and regulated online casino regime expected to be operational |
Sources: New Zealand Legislation and Department of Internal Affairs, Online Gambling for Providers (updated 16 July 2026). The DIA website is the authoritative source and should be checked for the latest guidance.
What you need to do now
The window to participate is short. If entering the New Zealand market is of interest, we suggest prioritising the following:
- Register on GETS as soon as possible if you haven’t already.
- Review the Minimum Standards and EOI requirements to confirm these can be met by the 14 August 2026 deadline.
- Assemble required documentation, confirm payment of the NZD19,000 (excl. GST) EOI fee can be made and submit the EOI by the 14 August 2026 deadline.
If you are an online casino operator considering the New Zealand market or have questions about the licensing process, please get in touch with my DLA Piper colleagues Nick Valentine or Vivian Mitchell. You can read about the different gambling regimes in almost 50 jurisdictions in the DLA Piper Gambling Laws of the World guide.

