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.




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: The recipient must have consented to receiving the message (eg. expressly by opting into messages, or inferred by purchasing a product or service, etc).
    See Part 1, Section 4, #1 ("Consented to receiving")

  2. Identify: The message must identify the sender: contain the sender's company name, acronym, or otherwise be identifiable (eg "From Your Company Ltd").
    See Part 2, Subpart 1, #10

  3. Unsubscribe: The message must have an unsubscribe/opt-out functionality. Our service includes a free built-in automated unsubscribe option for SMS and Email.
    See Part 2, Subpart 1, #11