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I hope that clarifies for you why it is our view that loot boxes as they are currently being
used in games do not fit the definition of gambling contained within the Gambling Act.
That said, games which are not gambling may have some potentially harmful
characteristics. There is a need for all New Zealanders to be knowledgeable about living
and learning in a digital society. This need is recognised by the National Library which
provides advice and support to schools for developing digital literacy and digital
citizenship. We will continue to monitor the use of loot boxes in games and any new
developments in this area to ensure that they do not break New Zealand’s gambling laws.
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Regards
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Trish Millward | Manager Licensing Compliance | Regulatory Services
The Department of Internal Affairs Te Tari Taiwhenua
Direct Dial: +64 4 494 0551| Mobile: +64 27 538 9946
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Our Vision Ta Matou Matakite
We regulate for a safe, transparent and trusted gambling sector that benefits communities
E whakarite ture ana matau mo tetahi rangai petipeti haumaru, marama, tika hoki e whai hua ana nga
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hapori.
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court ever quantify such a subjective and arbitrary criteria??  Do you have case law
supporting this interpretation??
Surely the more correct view is whether a reasonable person could or would be seeking
money or money's worth by staking consideration on the outcome of something.
Just because 51% of people are playing NZ Lotto because they like the touching yellow
paper, wouldn't suddenly make Lotto outside the scope of "gambling".  Poker machines are
designed around the idea that people like pushing flashing buttons.  Many machines tell a
story or the like.  If a 51% of people are staking consideration just for the flashy buttons
and a story, is that suddenly no longer classed as gambling?
Notwithstanding the above, under your stated view of gambling, an operator could sell
lottery tickets to win luxury watches.  The more tickets you buy, the higher the chance of
winning.  One ticket gives you a 0.025% (1 in 4000).
The "primary purpose" of these watches would be to obtain an item that tells the time.  Is
this also not gambling?  There is absolutely no difference between this example and the
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lootboxes.  Both can be exchanged for physical cash (this can be done by "gifting" it to
someone digitally after they have paid you for it physically).
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As a side note, it is worth pointing out that in the examples I have previously provided, the
items do not provide a use in-game.  They are purely cosmetic.  They "do" nothing, their
"use" does not extend beyond aesthetics.
There are 3rd party companies whose entire business revolves around these loot boxes, and
provide more on the nose gambling opportunities, and/or outright purchase/sell/trade
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opportunities (this is absolutely not remotely close to an exhaustive list):
https://skins.cash/how-it-works
https://csgo-case.com/
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https://www.csgowinner.com
https://flashyflashy.com/ THE
http://farmskins.com/
https://csgolounge.com/
https://csgo-skins.com
https://hellcase.com/
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https://skinxchange.com/
https://csgo.igvault.com/
https://opskins.com/
https://www.lootmarket.com/csgo
https://www.lootmarket.com/dota-2
https://csgoshop.com/
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With so much business revolving around buying, selling, and winning of loot items, and
given my response above -  I think the initial view you have taken is incorrect.  I think a
great many people are buying lootboxes in order to win money or money's worth.
It may be that I've missed the mark with my understanding of the scope and operation of
the Act, if so I am sorry for being a pain. However, at this point I truly do not think I am.
I would greatly appreciate another response addressing the further issues raised in this
email.
Kind regards,

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received a response to me email 15 December 2017.
Cheers,
Section 9(2)(a) of the OIA
On 15 December 2017 at 11:40, Gambling Compliance
<[email address]> wrote:
Thank you for your enquiry. This email is a formal acknowledgement that we have received your
enquiry.
Please allow 10 working days for us to respond. We may take slightly longer to respond depending
on the nature of the information you require.
You can also contact the Gambling Compliance Team on 0800 25 78 87 if you wish to discuss
your request.
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Regards
Gambling Compliance
ACT
Virus-free. www.avast.com
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Section 9(2)(a) of the OIA
Section 9(2)(a) of the OIA
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