True Legal: Black market migration essential to long-term success of New Zealand market

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Jarrod True, Director at True Legal

New Zealand will launch its commercial online casino market in the coming months, as up to 15 licences are set to be made available via auction, presenting a significant opportunity for grey market operators to continue their presence in what will be a limited-access market.

Jarrod True, Director at True Legal, has provided iGaming Expert with a breakdown of the New Zealand commercial online casino market as he underpins the importance of migrating the black market to the regulated sector.

New Zealand’s long-anticipated online casino reform presents a rare and strategically significant opportunity for online casino operators. For operators seeking entry into a well-regulated, high-value jurisdiction, the New Zealand regime warrants immediate and serious consideration.

Market transitioning from grey to regulated

The Online Casino Gambling Act 2026, which came into force on 1 May 2026, establishes a comprehensive regulatory framework for the provision of online casino gambling to consumers located in New Zealand. This marks a decisive shift away from the prior grey market.

New offshore operators are no longer permitted to enter the market without a licence.  Existing operators may continue temporarily under transitional arrangements but must either obtain a licence or cease operations by 1 December 2026.  From that date, only licensed operators may lawfully provide online casino gambling services to New Zealand customers. 

Importantly, the regime applies on an extraterritorial basis, ensuring that all operators targeting New Zealand consumers, irrespective of location, are subject to the same legal requirements. 

Restricted licensing model: Scarcity by design

The New Zealand framework adopts a deliberately constrained model:

  • A maximum of 15 online casino licences will be issued.
  • One licence is required per platform or brand.
  • No single operator may have a significant influence over more than three licences. 
  • Licences are granted for an initial period of up to three years, with a single renewal of up to five years.

This approach reflects a clear policy choice: to enable a regulated market while maintaining tight oversight and limiting market saturation.

Licensing process and timeline

Licences will be allocated through a structured, three-stage process: the lodging of an expression of interest, followed by an auction for the 15 licences (an ascending clock auction), followed by a full licence application. 

Key milestones:

  • July 2026 – Expressions of interest open (expressions of interest must be lodged within 20 working days).
  • September 2026 – Licence auction.
  • October 2026 – Licence application phase begins (licence applications must be lodged within 20 working days of winning the auction).
  • December 2026 – Licences granted; unlicensed operators must exit the market.

Given the limited licence pool and competitive allocation process, early preparation is essential.

Capital requirements: Encouraging quality participation

The minimum capital requirement for a licence has been set at NZD $7.5m (approximately €3.7m).  This threshold serves several important policy objectives:

  • Ensure readiness: Applicants must demonstrate sufficient financial capacity to participate effectively in the licensing process and to establish compliant, operational platforms.
  • Support serious participation: The requirement discourages speculative or underprepared applications, strengthening the overall quality of the applicant pool.
  • Enable competition: The threshold has been calibrated to permit entry by capable operators without creating an unnecessary barrier to market participation.

Taken together, this supports a market composed of credible, well-resourced operators while preserving competitive tension.

Market size and commercial potential

New Zealand represents a mature and materially significant online gambling market:

  • Declared online casino gambling revenue for the year to June 2025 was NZD $520.8m. 
  • Actual market size is estimated in the range of NZD $700m–$800m.
  • Total online gambling spend (including sports betting) is estimated at approximately NZD $1.36bn.

Clear structural separation: Casino vs sports betting

A defining and strategically important feature of the New Zealand regulatory framework is the strict separation between online casino gambling and sports betting.  

Online race and sports betting is exclusively reserved for TAB New Zealand.  It is unlawful for any other operator to offer sports betting services or for New Zealand consumers to engage with alternative providers. This prohibition applies regardless of where the operator is located, reflecting the extraterritorial nature of the country’s gambling legislation.  

For prospective licence holders, this creates a clearly defined but non-negotiable boundary:

  • Operators must ensure that their New Zealand-facing offering is limited strictly to online casino products, including slots, table games and computer-simulated events. 
  • Sports betting products cannot be offered, cross-sold or integrated into the same ecosystem for New Zealand customers.
  • Payment flows must be segregated: funding from sports betting accounts or other gambling accounts is expressly prohibited. 

In addition, the regulatory framework extends this separation into marketing and product design:

  • Advertising must not include any reference, direct or indirect, to sports betting or other gambling verticals.
  • Loyalty programmes and inducements must not encourage or relate to other forms of gambling, including sports or novelty betting.

The structural separation reflects a broader policy intention to:

  • Preserve the integrity and funding model of New Zealand’s incumbent racing and sports betting system.
  • Prevent the risks associated with cross-channel gambling behaviours.
  • Maintain a controlled and transparent expansion of online gambling through a single, clearly defined vertical.

Regulatory settings: Strong safeguards with commercial workability

The regulatory framework demonstrates a considered balance between harm minimisation, consumer protection, and commercial feasibility.

Harm minimisation

Operators are required to implement a detailed suite of safeguards, including:

  • Mandatory age verification (18+).
  • Offering players the ability to set limits on time, deposits and expenditure.
  • Breaks-in-play, time-outs and session alerts.
  • A comprehensive exclusion framework for at-risk players.
  • Prohibitions on autoplay. 

Consumer protection

The regime also raises the standard for customer protections:

  • Prohibition on credit-based deposits, including credit cards.
  • Clear and timely withdrawal processes.
  • Transparent bonus terms and conditions.
  • Robust complaints processes and regulatory escalation pathways.

Advertising controls

Licensed operators will, for the first time, be able to advertise lawfully in New Zealand, but within a tightly controlled framework:

  • Prohibition on influencer marketing, affiliate arrangements and sponsorships.
  • Strict controls on content, placement and audience targeting.
  • A clear prohibition on references to other forms of gambling, including sports betting.

Overall, the regulator has designed a model that meaningfully addresses gambling-related harm and consumer risk while remaining operationally workable and commercially attractive for compliant operators.

Fiscal framework

The applicable tax and levy structure is as follows:

  • 12% online casino duty (increasing to 16% from 1 January 2027). 
  • 15% goods and services tax.
  • 1.24% problem gambling levy.
  • 3.5% licensing levy on New Zealand gambling profits.

In addition to the formal tax and levy framework, the New Zealand licensing regime incorporates an important qualitative element: the expectation of voluntary community contributions.  As part of the expression of interest process, applicants are required to provide details of any contributions they make, or intend to make, for community purposes in New Zealand.  These contributions are not mandatory; however, they form part of the overall suitability assessment undertaken by the Regulator.

Channelisation critical to market success

Ultimately, the long-term success of New Zealand’s online casino framework will depend not only on the strength of its regulatory design but on its ability to successfully migrate player activity from the black market into the licensed ecosystem.

For many years, New Zealand consumers have had broad access to offshore online casino operators operating outside the scope of domestic regulation.  While the new regime introduces a robust licensing system and stronger enforcement tools, the fundamental policy challenge is one of channelisation: ensuring that consumers choose licensed operators over unlicensed alternatives.

Conclusion: a limited window for entry

New Zealand has introduced a highly structured, limited-entry licensing regime in a market of meaningful scale.  The combination of regulatory clarity, restricted licence numbers and a defined transition period creates a compelling opportunity for operators prepared to engage early and invest in a competitive application.

With expressions of interest due to open in early July and the auction process imminent, timing will be critical.

Operators interested in entering the New Zealand market are encouraged to seek specialist advice and begin preparations immediately. 


Jarrod True, Director at True Legal, regularly advises on New Zealand’s online gambling legislation and regulatory framework. He is well-positioned to assist operators seeking to assess the viability of entering the New Zealand market and to support those wishing to pursue an online gambling licence.

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