Is ticket scalping illegal in New Zealand?
Mostly, no. New Zealand has no general law against reselling tickets above face value. The one exception is events the government has declared major events, like the Rugby World Cup. Here's what the law says, what the Commerce Commission enforces, and what you can do as an organiser.
This is general information, not legal advice. Laws change, and how they apply depends on the event and the ticket's terms. Check the official sources linked below, or get legal advice for your situation.
Is ticket scalping illegal in New Zealand?
For almost all events, no. The Commerce Commission says there is no law in New Zealand that stops event tickets being resold for more than their original price, except where the event is covered by the Major Events Management Act 2007.
That doesn't make resale a free-for-all. Businesses that resell tickets, including resale websites, must not mislead buyers under the Fair Trading Act 1986, and organisers can limit resale through their ticket terms.
Major events: resale capped at the original price
- The rule (section 25): no one may sell or trade a ticket to a major event activity for more than its original sale price without the major event organiser's authorisation. The original sale price includes booking fees and postage or courier charges. Bundling a ticket into a "package" to get around the rule is also caught.
- The penalty (section 26): knowingly breaking the rule is an offence, with a fine of up to $5,000.
- Which events: only events the Governor-General has declared major events by Order in Council (section 7), after the organiser applies. Examples include the Rugby World Cup 2011 and the British & Irish Lions Tour 2017. No concerts have been declared.
- Who runs it: the Ministry of Business, Innovation and Employment (MBIE).
Selling a ticket at or below what you paid is fine, even for a major event. And the organiser can authorise resale, for example through an official resale channel.
The Fair Trading Act and resale websites
The Fair Trading Act applies to people in trade, so it covers commercial resellers and resale sites, but not someone reselling a ticket they can't use. The Commerce Commission says it will act where a resale site misleads people about being the official seller, implies it's the seller rather than an individual, or doesn't disclose fees up front.
- Commerce Commission v Viagogo (2024): the High Court found Viagogo breached the Fair Trading Act with misleading claims about its "guarantee", ticket scarcity, prices and fees, and about being an official seller. It declared Viagogo's Geneva jurisdiction clause an unfair contract term, ordered a corrective statement on its site for 12 months, and issued injunctions. Viagogo has appealed.
- Higher penalties are coming: the Fair Trading Amendment Bill 2026 would raise maximum penalties to the highest of $1 million for individuals or $5 million for companies, three times the gain, or the value of the transaction. When we checked, it was still before Parliament and isn't law yet. It has no ticket-specific rules.
Has New Zealand tried to ban scalping?
In 2019 MBIE consulted on options including a resale price cap (the original price plus 10%, or plus resale costs), rules making resale sites disclose more, and a ban on ticket bots. No bill followed, so none of these became law. Ticket bots aren't specifically banned in New Zealand.
What it means for you
If you're buying or selling a ticket
- Buy from the event's authorised seller where you can, and check who that is.
- On resale sites, check who is actually selling and the full price with fees before you pay.
- Read the ticket terms before reselling: the organiser may cancel tickets resold against them.
- For a declared major event, don't resell for more than you paid.
If you're an organiser
- With no general law, your ticket terms do the work: limit resale above face value, say resold tickets can be cancelled, and allow transfers only through your platform.
- Keep those terms clear and fair; the Fair Trading Act's unfair contract terms rules apply.
- Tell buyers who your authorised sellers are, so they can avoid fake tickets.
- If you check ID at the door, follow the Privacy Act: collect only what you need and don't keep it.
- Stop screenshots and copied tickets with QR codes that refresh every 60 seconds and a free ticket scanning app. New to selling? Start with how to sell tickets online.
- Choosing a ticketing platform? Run your numbers in the New Zealand fee calculator.
Fair resale that pays the organiser
- Organisers switch resale on or off for each event.
- Every resale is capped, and the buyer's all-in price, fees included, never goes over the cap. The cap follows the event's local law, and is lower where the law requires.
- Sellers get exactly their listing price, with no seller fee.
- Organisers earn up to 5% on every resale at or above face value, instead of losing that premium to scalpers.
- The resold ticket's dynamic QR code moves to the buyer, so only one person can ever get in.
Frequently asked questions
Is ticket scalping illegal in New Zealand?
Generally, no. There is no law in New Zealand against reselling a ticket for more than you paid, except for events the government has formally declared major events under the Major Events Management Act 2007. For those events, selling or trading a ticket above its original sale price without the organiser's authorisation is an offence with a fine of up to $5,000.
What is a major event under the Major Events Management Act?
An event the Governor-General has declared a major event by Order in Council, after the event's organiser applies and the Minister considers its international profile, tourism and economic benefits. Examples include the Rugby World Cup 2011 and the British & Irish Lions Tour 2017. The Commerce Commission says no concerts have been declared major events.
Does the original sale price include booking fees?
Yes. Under the Major Events Management Act, the original sale price includes charges needed to buy the ticket, such as a booking fee or postage and courier costs. So for a declared major event, a ticket can be resold for up to what the first buyer paid in total.
Can resale websites be penalised in New Zealand?
Yes, if they mislead buyers. The Fair Trading Act applies to businesses, including resale sites, though not to private individuals reselling a ticket. In 2024 the High Court found Viagogo breached the Fair Trading Act with misleading claims about guarantees, ticket availability, prices and fees and about being an official seller, declared its overseas jurisdiction clause an unfair contract term, and ordered a corrective statement. Viagogo has appealed.
Is New Zealand bringing in a ticket resale price cap?
Not at the moment. The government consulted on a price cap, disclosure rules and a ban on ticket bots in 2019, but no law followed. The Fair Trading Amendment Bill before Parliament in 2026 would raise penalties for misleading conduct but has no ticket resale provisions.
Can an event organiser stop people reselling tickets in New Zealand?
Yes, through the ticket's terms of sale. You can ban resale above face value or commercial resale, say that tickets resold in breach are void, and allow transfers only through your ticketing platform. These terms are enforced by cancelling tickets or refusing entry rather than by fines, and they need to be clear and fair, because the Fair Trading Act's unfair contract terms rules apply to standard consumer contracts.
Can I check ID at the door to stop scalped tickets?
Yes, as a condition of entry, as long as you follow the Privacy Act 2020: collect only the information you need, tell people why, and don't keep it longer than necessary.
Sources
Checked against official New Zealand sources on 7 November 2026.
- Major Events Management Act 2007 (ss 7, 25 and 26)
- MBIE: The Major Events Management Act 2007
- Commerce Commission: Buying event tickets
- Fair Trading Act 1986 (ss 9, 11, 13 and 26A)
- Commerce Commission case register: Viagogo
- Commerce Commission v Viagogo AG [2024] NZHC 713
- Fair Trading Amendment Bill 2026 (Government Bill 299)
- MBIE: Ticket reselling in New Zealand, discussion document (2019)
- Consumer Protection (MBIE): Event tickets
- Privacy Act 2020
Selling elsewhere? See ticket resale laws in Australia, ticket scalping laws in the US and ticket scalping laws in Canada.