Unsolicited Electronic Messages Act 2007

Reprint as at 5 December 2013

Unsolicited Electronic Messages Act 2007

Public Act2007 No 7
Date of assent5 March 2007
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purposes of this Act

4 Interpretation

5 Meaning of electronic message

6 Meaning of commercial electronic message

7 Act binds the Crown

8 Application of Act outside New Zealand

Part 2
Restrictions on electronic messages, address-harvesting software, and harvested-address lists

Subpart 1Commercial electronic messages

9 Unsolicited commercial electronic messages must not be sent

10 Commercial electronic messages must include accurate sender information

11 Commercial electronic messages must contain functional unsubscribe facility

12 Defences

Subpart 2Address-harvesting software and harvested-address lists

13 Restriction on use of address-harvesting software and harvested-address lists

14 Onus of proof

Subpart 3Third party breaches of Act

15 Third party breaches of Act

Subpart 4Rules of general application throughout Act

16 Supplying message service

17 Person who authorises sending of electronic messages

Part 3
Enforcement provisions

Subpart 1Civil liability events

18 Meaning of civil liability event

19 Possible responses to civil liability event

Subpart 2Functions and powers of enforcement department and enforcement officers

20 Functions and powers of enforcement department

21 Chief executive may appoint enforcement officers

22 Authority to act as enforcement officer

Formal warnings

23 Formal warnings

Civil infringement notices

24 Civil infringement notices

25 Issue of civil infringement notices

26 Form of civil infringement notices

27 Objections to civil infringement notices

28 Withdrawal of civil infringement notice

29 What happens if penalty is paid

30 Effect of civil infringement notice on civil proceedings

31 Recovery of unpaid penalty

32 Right to appeal

33 Decision on appeal

Enforceable undertakings

34 Enforceable undertakings

35 Enforcement of undertakings

36 Assessment of compensation for breach of undertaking

Subpart 3Powers of courts

General

37 Jurisdiction of District Courts

38 Jurisdiction of High Court

Injunctions

39 Powers of High Court not affected

40 Performance injunctions

41 When High Court may grant performance injunctions

42 Restraining injunctions

43 When High Court may grant restraining injunctions and interim injunctions

44 Undertaking as to damages not required by enforcement department

Pecuniary penalties, compensation,
and damages

45 Pecuniary penalties for civil liability event

46 Compensation and damages for civil liability event

47 Joinder of parties

48 Interrelationship of civil liability remedies

49 Applicable rules, procedure, and standard of proof

50 Time limit for applying for pecuniary penalty, compensation, and damages

Subpart 4Search and seizure

51 Search warrant

52 Form and content of search warrant [Repealed]

53 Powers conferred by search warrant [Repealed]

54 Person with knowledge of computer or computer network to assist access [Repealed]

55 Requirements when executing search warrant [Repealed]

56 Disposal of property or thing seized under search warrant [Repealed]

Part 4
Miscellaneous provisions

57 Alterations to Schedule

58 Regulations

Schedule
Messages that are not electronic messages

Reprint notes