Online gambling class actions: jurisdiction hurdle | Economic News NZ
Class action proceedings against overseas online gambling operators Bet365 and Super Group have hit a jurisdiction hurdle in the New Zealand High Court, with defendants arguing that any delays stem from suing foreign parties.
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Class action proceedings against overseas online gambling operators Bet365 and Super Group have hit a jurisdiction hurdle in the New Zealand High Court, with defendants arguing that any delays stem from suing foreign parties.
The Auckland High Court cases test the application of New Zealand law to offshore platforms that accepted bets from local residents before recent legislative changes.
Justice Ian Gault issued a minute on 17 April 2026 noting overlapping plaintiffs and common legal questions across three separate proceedings involving Bet365, Super Group and SkyCity Entertainment Group. The judge declined early consolidation of the cases.
Bet365 entities based in Gibraltar have objected to New Zealand jurisdiction. Super Group, operator of Betway and Spin brands, faces parallel claims with multiple corporate entities named alongside chief executive Neal Menashe.
The Justice sculpture outside Auckland's courts precinct, where three coordinated High Court proceedings against offshore online gambling operators are being heard. Paora · CC0 · Wikimedia Commons
The SkyCity proceedings, disclosed on the NZX in early March 2026, involve Malta-based Silvereye Entertainment Limited operating under a Malta Gaming Authority licence. SkyCity has stated it will defend the claims vigorously and Forsyth Barr analysts assessed the litigation risk as low.
Plaintiffs, represented by Davey Salmon KC, seek restitution for losses on the platforms between February 2020 and February 2026. They argue the operations were unlawful under the Gambling Act 2003.
Legislative backdrop: a new licensing regime
Parliament passed reforms in June 2025 banning offshore operators from accepting race and sports bets from New Zealanders except through the TAB. The Online Casino Gambling Act 2026 creates a licensing regime for up to 15 operators, with licences expected to become operational from late 2026.
Any delay to class action proceeding just 'a consequence of suing overseas parties,' say defendants.
The Department of Internal Affairs has increased enforcement against unlicensed offshore operators, including cease-and-desist orders and fines. Gambling Director Vicki Scott has stated that unauthorised platforms are prohibited and users have no consumer protections when engaging with them.
Enforcement test for the new regime
The proceedings illustrate enforcement challenges for the new regime as global operators with New Zealand customer bases prepare for the licensing auction. Outcomes could influence licence applications and tax revenue projections from the regulated market.
Key defendants and their jurisdictional position
Defendant
Jurisdictional status
Bet365 (Hillside Gibraltar entities)
Formally contests NZ court jurisdiction
Super Group (Betway / Spin) + Neal Menashe
Parallel claims; multiple entities named
SkyCity / Silvereye Entertainment (Malta)
Defending vigorously; GiG named as primary contractor
