Poker Game Rules
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Holding poker games, poker tournaments, or poker evenings is legal in New Zealand, but depending on the nature of the event there will be some restrictions on the way it is conducted. Poker is regulated according to the provisions of the Gambling Act 2003.
As a general rule, poker tournaments or evenings can only be conducted in New Zealand if the purpose behind them is to raise funds for the community.
Generating profit or commission for the organisers through a poker tournament may be an offence and render the whole tournament unlawful. However, there are some exceptions to this general rule.
A game of poker that is gambling in New Zealand, which is conducted outside of a casino, falls into one of the Class 1, Class 2, Class 3 or ‘private gambling’ classes, as defined in the Gambling Act.
To legally conduct poker you must follow the rules for the applicable Class of gambling:
If you are planning to host or play poker, it’s important to know what the legal requirements are and what to look out for. For more information see the sections below:
You can also listen to our podcast episode 'Poker in Aotearoa' (6 minutes) on the Reg Talk NZ podcast feed:
Poker in Aotearoa - How to play (and host) a game legally (acast.com)
While reasonable measures have been taken to ensure the quality and accuracy of the information on this page, it does not replace information contained in the Gambling Act 2003 or the Racing Act 2003 or any provisions pursuant to these Acts. This page is for general information only and is not a substitute for independent, professional legal or financial advice.
Know before you play
What’s legal
- Playing at home with friends and family if it meets all the rules. See private gambling.
- Participating in a community fundraiser can be legal if it follows the Game Rules
- No licence is required when total stakes aren’t more than $25k and prizes more than $5000. However, organisers must comply with certain requirements.
- Poker games with total stakes of more than $25k and/or prizes over $5000 must be run by corporate societies and have a licence.
What’s illegal
- Organising poker events for personal profit
- Not clearly explaining the rules and how winners are decided
- Running high-stakes games without a licence
- Accepting online entry payments
- Receiving commission
Red flags
- Rules, prize details or general info that are vague or unclear
- Ads on platforms like WeChat, WhatsApp or Instagram with no contact info
- Being offered credit to play like “pay later” or “sponsored”
- Organisers that are unknown or won’t answer questions about legality
- A high-stakes game without a visible licence or clarity on a fundraising purpose
Why it matters
Anyone participating in illegal gambling can be prosecuted and fined up to $1000
Illegal events breach the NZ Gambling Act and can be tied to criminal activity
It undermines genuine community fundraising
What you can do
- Ask questions. If it feels off, it probably is
- Check for clear rules and whether the event requires a licence
- Visit dia.govt.nz/gambling for guidance
- Email gambling@dia.govt.nz if you are unsure
Know before you host
What’s legal
- Hosting a game at home with friends and family if it meets all the rules. See Private gambling.
- Running a poker event if you are a non-commercial organisation, society or charity with the purpose of raising money for the community.
- Running a poker event without a licence if the total stakes is not more than $25,000 and prizes are not more than $5000 for the session. Anything over this threshold must have a licence. Follow the Game Rules to make sure you meet all the legal requirements.
- Deducting actual, reasonable and necessary costs to run the event from the money raised. Costs that are not reasonable or necessary may constitute illegal gambling.
What’s illegal
- Receiving commission.
- Offering credit to gamble.
- Running an event with total stakes over $25,000 and/or prizes over $5,000 without being a corporate society and having a licence.
- Conducting an event for individual or commercial gain.
Why it matters
Breaches of the Gambling Act 2003 and Game Rules can lead to investigation and prosecution by the Department.
An individual organiser could face fines of up to $20,000 or 1 year imprisonment if convicted of conducting illegal gambling.
An organisation could suffer reputational damage and fines of up to $50,000 if convicted of conducting illegal gambling.
Private gambling
Private gambling is gambling taking place at a private residence. Private gambling must meet the following conditions:
- All stakes must be given to the winners
- It must primarily be a social event or entertainment
- No person can get a commission or other reward for conducting the gambling
- No one can pay for admission directly or indirectly
- There can be no deductions made from a player’s winnings
- People who do not live at the residence must not be induced by any means to come and play (e.g. no advertising).
Class 1 gambling
Poker games that do not take place at a private residence need to meet some different conditions to be legal gambling.
Class 1 gambling is gambling where potential stake and prize money does not exceed $500 per event.
The other conditions that Class 1 gambling must meet are:
- If the activity is not conducted by a society, all stake money, less any ‘actual, reasonable, and necessary’ costs associated with conducting the gambling must be returned to players as prizes
- If the activity is conducted by a society, then proceeds must be used for ‘authorised purposes’ (charitable or other purposes beneficial to the community)
- No person can get a commission for conducting the gambling (‘conducting gambling’ includes organising, managing, supervising, and promoting gambling or assisting in these activities)
- No person can get remuneration (such as salary or wages) for conducting the gambling
- The gambling must satisfy relevant regulations and game rules.
The relevant game rules for poker are the ‘Gambling Act (Prize Competition) Game Rules 2004’. These rules are designed to ensure that participants are well informed and that there is integrity in the event.
For example, it is necessary that the rules and requirements of how the game will be played are made known to the participants.
Class 2 and Class 3 gambling
Poker that includes stake money exceeding $500 per event will either be Class 2 or Class 3 gambling.
Gambling that has a prizes not more than $5,000, and a turnover not more than $25,000 per event, is classified as Class 2 gambling. Class 3 gambling is gambling with prizes in excess of $5,000 per event.
The purpose of the gambling activity for both Class 2 and Class 3 gambling must be to raise money for an ‘authorised purpose’ (charitable or other non-commercial purposes that benefit the community).
A society, rather than an individual person, must conduct the gambling activity. Other requirements include:
- No person can receive a commission or other reward for conducting the gambling
- No person can get remuneration (such as salary or wages) for conducting the gambling (Class 2 only)
- The gambling must satisfy relevant regulations and game rules.
If the activity falls under the definition of Class 3 gambling, it will require a licence from the Department.
For a Class 3 licence, the Department needs to assess the suitability of the organisers and other relevant key persons among other requirements. After the gambling a Prize and Audit Statement must be completed and returned to the Department.
To obtain a licence application for Class 3 gambling, refer to Class 3 Gambling Forms.
Events without an entry cost
Poker events that do not involve paying or staking money (or any other consideration) directly or indirectly to enter may fall outside the definition of gambling and therefore not be restricted activities under the Gambling Act 2003.
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