limits on the duration of play:

limits on deposits the customer makes into their account:

limits on spend allowed.

at the time an account is created; and

monthly (in the case of customers who have not set a particular limit).

breaks-in-play:

time-outs:

pop-up alerts.

for breaks-in-play,—

for time-outs, as a minimum, the following options for the duration of time-outs are made available to a customer:

for pop-up alerts,—

remove a break-in-play, time-out, or pop-up alert:

increase the time period between pop-up alerts:

decrease the duration of a time-out:

make a break-in-play shorter, or less frequent, or both.

at the time an account is created; and

monthly (in the case of customers who have not set a break-in-play, time-out, or pop-up alert).

the existing age limit for participating in online casino gambling; and

where gambling help services can be accessed, including direct links to those services.

criteria relating to the kinds, frequency, and delivery mechanisms of the information or messages; and

where information or messages required to be displayed under subclause (1) must be displayed.

a customer can elect to exclude themselves from gambling on the platform; and

a customer can set their own exclusion period, including an indefinite period of time; and

a customer is not able to decrease the exclusion period once they have set it; and

the process for self-exclusion is readily accessible and easy to complete; and

the terms and conditions of self-exclusion are clearly specified and include at least—

the customer is excluded without undue delay but not later than 24 hours after the customer has elected self-exclusion.

communication is necessary for the operator to comply with its legal obligations; or

24 hours have passed since the customer has made a deliberate decision to return to gambling by—

the exclusion period has ended; and

the customer has made a deliberate decision to return to gambling in accordance with subclause (3)(b); and

24 hours have passed since the customer made that decision.

what information relating to a customer’s online casino gambling an operator must collect to identify, assist, and monitor problem gamblers; and

how the information is to be used for those purposes.

an understanding of the legislative requirements relating to online casino gambling:

the ability to effectively implement procedures for identifying and assisting problem gamblers:

the ability to identify signs of problem gambling.

a statement of the information that has led the operator to believe the customer is a problem gambler; and

information on services and tools available to address problem gambling, including—

a summary of evidence to support the finding of problem gambling:

a statement that—

the start date of the exclusion:

the exclusion period.

exclude the customer:

return any uncommitted customer funds using the customer’s registered payment deposit or withdrawal method (see regulation 20).

the exclusion period has ended; and

the customer has made a deliberate decision to return to gambling in accordance with regulation 8(3)(b); and

24 hours have passed since the customer made that decision.

gambling other than online casino gambling; or

betting, paying, or staking consideration on the outcome of a physical sporting event (whether or not held in New Zealand and whether or not authorised under the Racing Industry Act 2020) or a novelty event.

the exclusion period has ended; and

the customer has made a deliberate decision to return to gambling in accordance with regulation 8(3)(b); and

24 hours have passed since the customer made that decision.

ensure that an inducement is offered only for the following:

allow a customer to withdraw their winnings after a win resulting from using an inducement without any requirement to use the win for gambling on a gambling platform that the operator operates; and

clearly specify to a customer—

ensure that,—

allow a customer to play more than 1 online slot game at a time on a gambling platform that the operator operates:

offer a customer an autoplay option for a game on a gambling platform that the operator operates.

the customer’s—

whether the customer has currently excluded themselves, or is currently excluded from, gambling on a gambling platform that the operator operates:

whether the customer has previously held an account on a gambling platform that the operator operates.

the identity of a customer so that it is satisfied it knows who the customer is; and

the age of a customer so that it is satisfied the customer is at least 18 years old.

the customer’s account is activated after the operator has complied with regulations 15 and 16:

the customer is notified that the operator may exclude the customer if the customer—

involves a credit contract (for example, a credit card); or

is associated with 1 or more of the following on the operator’s gambling platform:

create an impression, imply, or suggest that a customer’s chance of winning will increase the longer the customer plays or the more the customer bets, pays, or stakes if the outcome is not, in fact, affected by the length of play or the amount bet, paid, or staked:

create an impression, imply, suggest, or exaggerate that a particular outcome is more likely to occur as compared with the probability of that outcome occurring (for example, an operator must not say that the customer is likely to win, when this is not the case):

name or label the game with a widely recognised name if the game does not substantially correspond with the nature or characteristics of the established game name or label (for example, an operator cannot name a game “European Roulette” if the game does not have the same or a similar nature or characteristics as roulette).

must indicate that return as a loss (rather than a win); and

must not use any audio, visual, or other effects that imply a win or are normally associated with a win (for example, sparkles flying towards the customer balance displayed on screen).

a customer registers only 1 payment deposit method when their account is created; and

a customer has, at any given time, only 1 payment deposit method for each gambling platform that the operator operates.

a customer does not hold more than 1 account for each gambling platform that the operator operates; and

a customer’s account balance is immediately updated to reflect—

a customer can readily access their account balance and play history on the gambling platform; and

the operator holds uncommitted customer funds in a bank account that is separate from its other accounts; and

a customer can request—

not oppressive, unjustly burdensome, or in breach of reasonable standards of industry practice; and

only imposed on a game-by-game basis.

pending return of the funds, the customer cannot cancel the withdrawal request; and

the withdrawal is completed without undue delay after any legal requirements are complied with; and

the funds are returned using—

the customer has excluded themselves, or been excluded, from gambling on a gambling platform that the operator operates; or

the customer’s account has become dormant in accordance with regulation 31(4).

without undue delay; and

after complying with any legal requirements using a method specified in subclause (3)(c).

complete and accurate; and

in language that is clear, concise, and appropriate for the intended audience; and

if requested by a customer, given in English, te reo Māori, New Zealand sign language, Samoan, Hindi, Tagalog, or any other language commonly spoken in New Zealand.

the rules of games on the operator’s gambling platforms:

before the first play of a game,—

limits or restrictions on withdrawing uncommitted customer funds:

the matters specified in regulation 11(1)(b) (assistance for problem gambling):

the matters specified in regulation 24(1)(a) (complaints process).

make false or misleading representations regarding the effect of a customer’s speed of play or skill on the outcome of a game; or

display any in-game goals, rewards, or achievements that are objectively unattainable.

the first or preferred language of the person is not English; and

the services of an interpreter are required to enable—

it is reasonably practicable to provide the services of an interpreter.

information about how to make a complaint to the operator and the complaints process (including the time frame for lodging a complaint and information that a complainant must provide) is readily accessible to the public; and

a complainant is able to easily contact the operator to make a complaint or discuss how it may be resolved; and

a complaint is investigated in a fair, transparent, effective, and efficient manner; and

there is an internal process to escalate a complaint if the complainant is not satisfied with how the complaint has initially been dealt with; and

a complainant is made aware that they can complain at any stage in the process to the Secretary under section 68 of the Act; and

the complaints process is regularly reviewed and revised to ensure that it meets the criteria in paragraph (c).

the date on which the matter arose; or

the date on which the complainant became aware of the matter.

a complaint is acknowledged in writing within 24 hours after it is received; and

the acknowledgement includes—

a statement that the operator’s investigation of the complaint has ended; and

the operator’s final decision on the complaint and any action taken (or to be taken); and

information on how the complainant may complain to the Secretary under section 68 of the Act.

general complaints about advertising (excluding the matters referred to in paragraphs (b) and (c)):

complaints about advertising to persons under the age of 18 years:

complaints about advertising to customers who have excluded themselves, or been excluded from, gambling on a gambling platform that the operator operates:

complaints about the nature of a game or rules relating to it (for example, complaints about a game being confusing or the accuracy of rules relating to a game):

complaints about customer account issues (for example, a customer’s inability to access their account):

complaints about prohibited customer behaviour:

complaints about issues relating to withdrawal of customer funds (for example, withdrawal refusals or delays):

complaints about play that promotes or encourages gambling harm (for example, the speed of a game):

complaints about harm minimisation tools (for example, breaks-in-play):

complaints about accessing information required to be provided under the Act:

other complaints that do not fall into the categories referred to in paragraphs (a) to (j):

complaints from a third party related to any of the issues referred to in paragraphs (a) to (k).

a removal of, or a change to, advertising:

a change to a gambling platform or game, including technical changes that may not be directly visible to customers:

a change to the operator’s systems, processes, or policies:

an addition, deletion, or other change to information on a gambling platform:

crediting a customer’s account:

provision of information to a customer (for example, directing them to gambling helplines):

no action taken:

other responses not referred to in paragraphs (a) to (g).

a clear explanation to customers of what constitutes prohibited customer behaviour; and

a fair, transparent, effective, and efficient process for an operator to investigate prohibited customer behaviour.

the outcome of the investigation; and

any action the operator intends to take.

a summary of evidence to support the finding of prohibited customer behaviour:

a statement that—

the start date of the exclusion:

the exclusion period.

exclude the customer:

return any uncommitted customer funds using the customer’s registered payment deposit or withdrawal method (see regulation 20).

records the information in writing in English; or

enables the information to be readily accessed and converted into writing in English; and

ensures that no unauthorised alteration to the information occurs; and

ensures that the information is readily accessible if requested by the Secretary under the Act.

for the duration of its business relationship with a customer; and

for 7 years after the business relationship ends.

the operator closes a customer’s account permanently following a request by the customer:

a customer has excluded themselves for an indeterminate period from a gambling platform that the operator operates and the customer does not access their account during that period:

a customer does not access their account for 12 months or more for any reason.

the information referred to in regulation 15:

details of verification carried out for the purposes of regulation 16:

deposits and withdrawals made by customers to and from their gambling accounts:

each customer’s total spend, winnings, and losses:

interactions between—

how the operator is complying with requirements under the Act (for example, internal communications about how policies are being implemented).

the information referred to in regulation 32:

the use of the operator’s gambling platforms, systems, and services during the previous quarter, including information about customer use of the platform (for example, the total number of active players and player metrics):

the operator’s online gambling profits for the previous quarter and the levy paid under regulation 47 in relation to those profits.

in aggregate and without disclosing any personal information in the report unless required by the Secretary under section 71 of the Act; and

no later than the following dates, unless the operator and the Secretary agree to a later date:

steps the operator has taken to ensure that it is complying with requirements under the Act; and

serious incidents that have been notified to the Secretary under regulation 35; and

the current status of each notification under regulation 35, or the outcome of each investigation by the Secretary of a serious incident; and

any actions the operator has taken to remedy or mitigate adverse effects of those serious incidents; and

any steps the operator has taken in relation to the operator’s gambling platforms, systems, or services to improve consumer protection or harm minimisation; and

aggregated information from reports under regulation 33.

in aggregate and without any personal information in the report unless required by the Secretary under section 71 of the Act; and

no later than 28 January of each year, unless the operator and the Secretary agree to a later date.

by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013); and

in accordance with applicable auditing and assurance standards (as defined in section 5 of the Financial Reporting Act 2013).

includes—

does not include changes referred to in sections 47 to 49 of the Act.

requirements under the Act (for example, the requirement to pay the levy under regulation 47); or

the operator’s policies or processes.

the fact that an audit will be carried out; and

the purpose of the audit; and

the scope of the audit; and

the time frame for complying with any requests under regulation 37(1).

giving the operator a reasonable opportunity to comment on the draft report; and

ensuring that any personal information and commercially sensitive information is redacted unless the Secretary considers that publicly notifying the information is necessary or desirable to achieve the purposes of the Act.

give the Secretary, or the person conducting the audit on the Secretary’s behalf, access to the following:

give the Secretary, or the person conducting the audit on the Secretary’s behalf, any information or explanation relevant to the purpose and scope of the audit (including, if required, information about how the operator’s online gambling profits have been calculated).

information that is in the operator’s possession or control:

information to be obtained by the operator:

information that could be compiled from information referred to in paragraph (a) or (b) (for example, statistics).

the advertisement is published using a permitted method of publication; and

the advertisement is not a prohibited form of advertisement; and

the advertisement complies with all other requirements in these regulations.

broadcasting the advertisement:

publishing the advertisement as video on-demand content (as defined in section 2 of the Films, Videos, and Publications Classification Act 1993):

displaying the advertisement to public view at any premises or place (for example, on a billboard or poster that is publicly visible):

publishing the advertisement in a physical publication (for example, a newspaper, magazine, brochure, flyer, pamphlet, book, catalogue, or journal):

publishing the advertisement by way of a direct communication to a person:

publishing the advertisement online (for example, on a gambling platform, a search engine, a social media platform, or an online newspaper or magazine):

publishing the advertisement within software (for example, in a video game):

publishing the advertisement at an event (whether held in person or by interaction through a communication device) if the following conditions are met:

broadcasting the advertisement on a platform—

publishing the advertisement on or in any part of the public transportation system:

publishing the advertisement on the front page of a physical publication that consists of more than 1 page:

publishing the advertisement in breach of regulation 42 (requirements for advertisements by direct communication) or 44 (age requirements for advertisements):

publishing the advertisement in a manner, way, medium, or form that makes it reasonably likely that a person will be exposed to the advertisement while—

an advertisement that involves, or is reasonably likely to cause a person to believe that it involves, the sponsorship of any person, team, event, broadcast, or thing by an operator or a gambling platform, including the use of the name, slogan, or trade mark of the operator or gambling platform—

an advertisement that involves, or is reasonably likely to cause a person to believe that it involves, a personal endorsement of a gambling platform or an operator (whether that endorsement is depicted to be given by a person or an artificial representation of a person and whether that person is real or fictional):

an advertisement that involves an affiliate arrangement:

an advertisement that offers an inducement, unless it is permitted under regulation 43:

an advertisement that includes an interactive feature, unless it is published on a gambling platform:

an advertisement that is reasonably likely to promote excessive, continuous, or impulsive gambling, including—

an advertisement that is reasonably likely to create a sense of urgency in players to participate in online casino gambling:

an advertisement that is not readily identifiable as an advertisement or as relating to online casino gambling in accordance with regulation 41:

an advertisement that exaggerates, or makes non-specific claims about, potential winnings or the probability of winning (for example, by suggesting that a person may win unspecified amounts of money if the person gambles):

an advertisement that suggests that a player’s superstitions, luck, belief, or fate can influence the outcome of online casino gambling:

an advertisement that—

an advertisement that suggests that gambling improves a person’s life or that it is a necessary part of a person’s life, including an advertisement that suggests that gambling—

an advertisement that refers to the name of any person targeted by the advertisement, unless it is published by way of a direct communication to the person that is permitted under regulation 42:

an advertisement that uses player metrics of a person for the purpose of encouraging the person to—

an advertisement that includes—

an advertisement that includes—

an advertisement that—

an advertisement that portrays the consumption of alcohol:

an advertisement that includes—

an advertisement that is reasonably likely to cause offence to a person or a section of the community:

an advertisement that refers to or implies any connection between online casino gambling and any contribution made or intended to be made for community purposes:

an advertisement that breaches regulation 44 (age requirements) or 45 (harm minimisation messages):

an advertisement that advertises, makes any direct or indirect reference to, or includes images or sounds that are associated with—

an advertisement; and

relating to online casino gambling.

having regard to all relevant circumstances (but disregarding any registration icon or registration audio mark in the advertisement), a reasonable person would recognise it as an advertisement and that it relates to online casino gambling; or

the advertisement includes a suitable disclosure.

explicitly and clearly states that the advertisement is an advertisement and that it relates to online casino gambling; and

is prominent and readily perceptible to a person who is exposed to any significant part of the advertisement; and

does not require the person to take any active step (for example, activating a link) in order to make the disclosure prominent and readily perceptible.

the person has given express consent to receiving the direct communication (and has not expressly or impliedly revoked that consent); and

in the case of a direct communication that involves real-time visual contact between the parties (whether in person or by interaction through a communication device), the direct communication is made to the person while they are participating in an event referred to in regulation 39(1)(h); and

in the case of any other direct communication, the requirements in subclause (2) or (3) are met.

the person has requested that the direct communication be made to them (for example, by giving express consent to the communication in response to an operator’s advertisement); and

the direct communication is specifically made in response to that request only.

the person has an account on the operator’s gambling platform; and

the person is able to select—

the direct communication is made in accordance with the person’s selections; and

the person is able to update their selections at any time and the operator has informed the person about how to do this; and

none of the circumstances described in section 40(a) to (d) of the Act (duty to exclude certain persons from gambling platform) apply to the person.

the advertisement complies with regulation 13; and

the advertisement does not state or imply that the inducement is free or without cost if the person is required to bet, pay, or stake consideration in order to obtain the inducement; and

the requirements in subclause (2) or (3) are met.

the person does not have an account on the operator’s gambling platform; and

the inducement is contingent on the person opening an account on the operator’s gambling platform; and

the advertisement is published on the operator’s gambling platform.

the person has an account on the operator’s gambling platform; and

the advertisement is published—

the advertisement is not likely to deter the person from closing their account, withdrawing their winnings, or ending a session of gambling; and

the advertisement is not published while there is a disqualifying circumstance.

the person’s account is expected to become dormant within 30 days if the person takes no further action (see regulation 31(4)):

the person has taken steps to close their account within the previous 30 days.

makes it reasonably likely that more than 20% of the persons exposed to the advertisement will be under the age of 18 years; or

is reasonably likely to appeal to a person under the age of 18 years (for example, through the use of characters, backgrounds, animation, or music popular with persons under the age of 18 years); or

is directed at a person (for example, on the basis of social media data relating to the person) who is—

depicts a person who is or appears to be under the age of 25 years participating in online casino gambling.

available in the same language that the advertisement is delivered in; and

consistent; and

displayed in the place and manner specified by the Secretary under regulation 7.

7 May, for the return period ending 31 March:

28 July, for the return period ending 30 June:

28 October, for the return period ending 30 September:

28 January, for the return period ending 31 December.

a penalty of 5% of the amount of the unpaid levy; and

for each whole month that the full amount of the levy and penalty remains unpaid after liability for the penalty in paragraph (a) arises, a further penalty of 5% of the unpaid levy and penalty.

the obligation of the person to pay the fee, levy, or penalty; or

the right of the Secretary to require or recover the fee, levy, or penalty.

the person was not liable to pay the fee or levy and made the payment in error; or

the person has paid or been required to pay a fee or levy that exceeds their liability.