Reprint as at 21 October 2011
| Public Act | 2007 No 7 |
| Date of assent | 5 March 2007 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Economic Development.
5 Meaning of electronic message
6 Meaning of commercial electronic message
8 Application of Act outside New Zealand
Part 2
Restrictions on electronic messages, address-harvesting software, and harvested-address lists
Subpart 1—Commercial 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
Subpart 2—Address-harvesting software and harvested-address lists
13 Restriction on use of address-harvesting software and harvested-address lists
Subpart 3—Third party breaches of Act
15 Third party breaches of Act
Subpart 4—Rules of general application throughout Act
17 Person who authorises sending of electronic messages
Subpart 1—Civil liability events
18 Meaning of civil liability event
19 Possible responses to civil liability event
Subpart 2—Functions 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
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
35 Enforcement of undertakings
36 Assessment of compensation for breach of undertaking
37 Jurisdiction of District Courts
39 Powers of High Court not affected
41 When High Court may grant performance 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
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
52 Form and content of search warrant
53 Powers conferred by search warrant
54 Person with knowledge of computer or computer network to assist access
55 Requirements when executing search warrant
56 Disposal of property or thing seized under search warrant
Part 4
Miscellaneous provisions