SPAM and the New Zealand Spam Act

Note: The information in this article does not constitute legal advice. Contact your lawyer prior to sending marketing/promotional messages to ensure compliance with the Act.

New Zealand's Unsolicited Electronic Messages Act 2007 came into effect on 5 September 2007. The primary intent is to reduce unsolicited Email, Fax and SMS marketing messages.

Resources:

• The Unsolicited Electronic Messages Act 2007 legislation
• NZ Department of Internal Affairs Spam Overview
• NZ Department of Internal Affairs Spam FAQs

How does this Act affect TNZ users?

Clause 6 of the Act describes the messages affected:

1. Email, Fax or SMS messages;
2. With a link to New Zealand (sent to a NZ customer, or from an NZ business, or via an NZ service, etc);
3. That contains a marketing related message.

Non-marketing/promotional messages (appointment reminders, shipping notifications, invoice reminders, quotes, etc) are not classified as marketing and are therefore excluded from the Act.

What to do?

If your message falls under the Act, your first step is to read the DIA's information pages (listed above).

Prior to sending your message, ensure at a minimum these requirements are met:

1. Consent:
   
   

   Ensure that the recipient has consented to receive your messages, either through explicit opt-in or inferred consent from purchasing a product or service.

   It is best practice to maintain a record of how you obtained each person’s consent and to be prepared to present this documentation if requested by a governmental agency.

   See Part 1, Section 4, #1 ("Consented to receiving")
   
   
   
2. Identify:
   
   

   Your message must clearly state the sender's identity. It should include the sender's company name, acronym, or another identifiable marker, such as: "From Your Company Ltd."

   See Part 2, Subpart 1, #10
   
   
   
3. Unsubscribe:
   
   The message must include an unsubscribe/opt-out functionality that's clear and conspicuous and uses the same method as the message, such as including "Reply STOP to OptOut" in your SMS messages.
   
   Our service includes a free built-in automated unsubscribe option for SMS and Email.
   
   See Part 2, Subpart 1, #11