NZ Gambling Law Guide

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16.05 Primary Activity - Onus of Proof

The second ground for cancellation is a lack of satisfaction that any of the grounds in section 67 are met. Section 67(1)(k) requires the Department (and the Commission on appeal) to be satisfied that the venue is not used mainly for operating gaming machines. The section 67 standard is satisfaction on the part of the decision maker of a positive characteristic of the venue, with doubt resulting in a lack of satisfaction about the ground. The presence of a doubt regarding the venue’s primary activity is therefore sufficient to proceed with the discretion to cancel. The focus is inherently present, albeit that the past can often inform assessments about the present: BlueSky Community Trust re Edinburgh Castle decision GC13/25.

16.03 The Relevance of Turnover – Primary Activity

In BlueSky Community Trust re Edinburgh Castle decision GC13/25, the Commission warned about relying on revenue data. The Commission, however, also noted that any comparison should be a comparison relating to total gaming machine receipts, not gaming machine venue payment

16.07 Gaming Shop Examples

New example detailed – Edinburgh Castle.

34.41 Consultation Requirement - Regulations

Before certain gambling regulations are made, the Minister, or the Department, must consult with persons or organisations that appear to the Minister or the Department to be representative of the interest of persons likely to be substantially affected by the relevant regulations: s 372. The obligation is to only consult representative persons or organisations, not all interested persons.

37.15 Online Race and Sports Betting

From 28 June 2025, it is unlawful for anyone apart from TAB New Zealand to offer online race and sports betting to persons located in New Zealand. The prohibition is extra-territorial (it applies regardless of where the online provider is resident or incorporated).

From 28 June 2025, it is unlawful for New Zealanders to place race and sports bets with anyone apart from TAB New Zealand.

The prohibition includes race and sports betting events that take place both within and outside New Zealand.

31.02 Extension Applications

The Department’s extension guidelines note that a temporary short term extension may be granted to enable time to process the extension application. The guidelines note that this will be reserved for cases where the society has applied in a timely manner, but there are reasons outside the society’s control which has delayed the Department’s determination of the application.

32.03 Player Assessment and Player Conversation Requirement

A separate conversation is not required each time a sign of harm is observed. A single conversation may address several observed signs of harm. However, the conversation requirement is not limited to only a single conversation each day. A subsequent conversation is required when the venue staff reasonably believe the additional conversation may assist them with identifying a problem gambler: BlueSky Community Trust decision GC07/25.

32.02 Signs of Harm - Record Keeping

A separate record is required to be kept for each observed sign of harm. This includes a separate record for each withdrawal after the second withdrawal, and a separate record if the player is consecutively gambling on the tenth, eleventh, twelfth, sweep etc.: BlueSky Community Trust decision GC07/25.

32.19 Signage – Venue Licence Display

Historically there was a requirement, imposed by licence condition, for venues to display a copy of their venue licence in clear view and in close proximity to the gaming machines. In the 13 March 2025 Operational Update, the Department advised that it would be removing this condition. The removal of the condition does not alter the requirement to display the commencement date and expiry date of the venue licence.

15.01 Are Liquor Licences Required?

There is no legal requirement to submit a liquor licence with a class 4 venue licence application. It is sufficient if other evidence is provided that the venue’s primary activity is entertainment focused on persons over 18 years of age, and that the venue’s primary activity is not gaming. However, for tavern venues, before a gaming licence is issued, the society must be able to show that the liquor licence has been granted or is “forthcoming” and will be issued within four weeks of the gaming licence being granted.

31.02 Extension Applications

In the Gambling System Update dated 11 March 2025, the Department advised that an extension application must be submitted, and granted, before the end of the four week period, in order to avoid the automatic loss of licence.

22.01 Various Venue Relocation Methods

The ability for venues to relocate but remain within the area described in the venue licence (within malls, or land recorded on a large certificate of title) appears to have been lost following the Court of Appeal decision Gaming Machine Association of New Zealand Inc v Feed Families Not Pokies Aotearoa Inc & Ors [2025] NZCA 16 [19 February 2025].

32.03 Player Assessment and Player Conversation Requirement

In BlueSky Community Trust decision GC14/24, the Commission refused to endorse the Department’s position that a separate conversation must be had each time a sign of harm is observed. The Commission also refused to endorse BlueSky’s position that only one conversation per day is required.

28.12 Limited Class 4 Jurisdiction

The Commission has jurisdiction to hear an appeal relating to a refusal to approve a problem gambling policy: BlueSky Community Trust decision GC14/24.

10.08 What Amounts to a “Condition”? Implied Licence Conditions

In BlueSky Community Trust decision GC14/24, the Commission rejected the concept that licence conditions may be implied.

31.02 Extension Applications

The ability to grant an extension to the inactivity period was considered by the High Court in Feed Families Not Pokies Aotearoa Inc v Secretary for Internal Affairs [2024] NZHC 3719 [9 December 2024]. Justice Grau refused to make declarations limiting the power.

31.03 Licence Surrender Automatic

If a society fails to surrender the venue licence as required by sections 71(1)(g) and 79(1)(a), the licence is deemed to be no longer held, and the six-month period commences: Feed Families Not Pokies Aotearoa Inc v Secretary for Internal Affairs [2024] NZHC 3719 [9 December 2024].

24.04 When Does the Unlicensed Period Start?

The relevant period is the period when the venue licence is no longer held, not the period when the gaming machines are not operating.

Section 71(1)(g) requires a society to notify the Department if it has not conducted class 4 gambling at a venue for more than 4 weeks, and to then surrender the venue licence under section 79(1)(a). If a society fails to surrender the venue licence as required by sections 71(1)(g) and 79(1)(a), the licence is deemed to be no longer held, and the six-month period commences: Feed Families Not Pokies Aotearoa Inc v Secretary for Internal Affairs [2024] NZHC 3719 [9 December 2024].

24.05 Backdating of Licences

The Department and the Commission may issue a backdated licence in appropriate cases to preserve the right to host up to 18 machines. However, the licence cannot be backdated to a date before the Department receives a complete licence application: Feed Families Not Pokies Aotearoa Inc v Secretary for Internal Affairs [2024] NZHC 3719 [9 December 2024].

38.27 Online Gambling – Class 1, Class 2 and Class 3

Class 3 lotteries are excluded from the definition of remote interactive gambling. This exemption was made permanent on 1 November 2024. This means that class 3 lottery and raffle tickets may be sold online, and payment can be made remotely, including via credit card.

16.08 Primary Activity Must be Offered and Available When Gaming Machines are Operated

The Commission has suggested that while the primary activity must be offered and available, the main use licence condition is satisfied if the primary activity, such as the sale of alcohol, is offered and available unlawfully, say due to the lack of an alcohol licence: Section 81(3) Complaint re Toucan Bar and Bistro and Aotearoa Gaming Trust decision GC08/24.

28.02 No General Right of Appeal From Gambling Commission Decisions – Judicial Review Available

In respect of class 4 gambling matters, there is no general right to appeal Gambling Commission decisions to the High Court. However, Gambling Commission decisions may be challenged by way of judicial review. Misunderstanding and misapplication of a statute is grounds for judicial review: Unison Networks Ltd v Commerce Commission [2008] 1 NZLR 42 (SC) at [51]-[52].

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