New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
address-harvesting software means software that is capable of, or marketed for use for,—
(a) searching the Internet for electronic addresses; and
(b) collecting, compiling, capturing, or otherwise harvesting those electronic addresses
chief executive means the chief executive of the enforcement department
civil liability event has the meaning set out in section 18
commercial electronic message has the meaning set out in section 6
consented to receiving—
(a) means—
(i) express consent, whether given by the relevant electronic address-holder or any other person who uses the relevant electronic address; or
(ii) consent that can reasonably be inferred from—
(A) the conduct and the business and other relationships of the persons concerned; and
(B) any other circumstances specified in the regulations; or
(iii) consent that is deemed to have been given when the following circumstances apply:
(A) an electronic address has been conspicuously published by a person in a business or official capacity; and
(B) the publication of the address is not accompanied by a statement to the effect that the relevant electronic address-holder does not want to receive unsolicited electronic messages at that electronic address; and
(C) the message sent to that address is relevant to the business, role, functions, or duties of the person in a business or official capacity; but
(b) does not include the circumstances specified in the regulations from which consent cannot be inferred
court means, as appropriate, the District Court, the High Court, or either of them
electronic address means an address used in connection with—
(a) an email account; or
(b) an instant messaging account; or
(c) a telephone account; or
(d) a similar account
electronic message has the meaning set out in section 5
enforcement department means the department of State that, with the authority of the Prime Minister, is responsible for exercising the powers in Part 3
enforcement officer means a person who is appointed as an enforcement officer under section 21
goods has the same meaning as in section 2(1) of the Consumer Guarantees Act 1993
government body means—
(a) a department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:
(b) a Crown entity as defined in section 10(1) of the Crown Entities Act 2004
harvested-address list means—
(a) a list of electronic addresses; or
(b) a collection of electronic addresses; or
(c) a compilation of electronic addresses,—
where the production of the list, collection, or compilation is, to any extent, directly or indirectly attributable to the use of address-harvesting software
individual means a natural person, other than a deceased natural person
message means information, whether in—
(a) the form of text or writing; or
(b) the form of data; or
(c) the form of speech, music, or other sounds; or
(d) the form of visual images (animated or otherwise); or
(e) any other form; or
(f) any combination of forms
mistake means a reasonable mistake of fact
organisation includes—
(a) a corporation sole; and
(b) a body corporate; and
(c) an unincorporated body or association; and
(d) a partnership; and
(e) a government body; and
(f) a court or tribunal
person means—
(a) an individual; and
(b) an organisation
recipient, in relation to the sending of an electronic message to an electronic address, means—
(a) the relevant electronic address-holder; and
(b) any other person who uses that electronic address
regulations means regulations made under this Act
relevant electronic address-holder means the person who is responsible for the relevant electronic address
send includes an attempt to send
service provider means a provider of a telecommunications service
services has the same meaning as in section 2(1) of the Consumer Guarantees Act 1993
telecommunication has the same meaning as in section 5 of the Telecommunications Act 2001
telecommunications service means any goods, services, equipment, and facilities that enable or facilitate telecommunication
unsolicited commercial electronic message means a commercial electronic message that the recipient has not consented to receiving.
(2) For the purposes of this Act, an electronic message has a New Zealand link if 1 or more of the following applies:
(a) the message originates in New Zealand:
(b) the person who sent the message is—
(i) an individual who is physically present in New Zealand when the message is sent; or
(ii) an organisation whose central management and control is in New Zealand when the message is sent:
(c) the computer, server, or device that is used to access the message is located in New Zealand:
(d) the recipient is—
(i) an individual who is physically present in New Zealand when the message is accessed; or
(ii) an organisation that carries on business or activities in New Zealand when the message is accessed:
(e) if the message cannot be delivered because the relevant electronic address does not exist, assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server, or device located in New Zealand:
(f) it is sent to an electronic address that—
(i) ends with “.nz”
; or
(ii) begins with an international access code directly followed by “64”
.
Compare: 2001 No 103 s 5; Spam Act 2003 ss 4, 7, Sch 2 (Aust)