New Zealand Legislation: Acts

9 Unsolicited commercial electronic messages must not be sent

• (1) A person must not send, or cause to be sent, an unsolicited commercial electronic message that has a New Zealand link.

  (2) If a recipient uses an unsubscribe facility in accordance with section 11(1)(a), the recipient's consent to receiving a commercial electronic message from the sender is deemed to have been withdrawn with effect from the day that is 5 working days after the day on which the unsubscribe facility was used.

  (3) A person who contends that a recipient consented to receiving a commercial electronic message has the onus of proof in relation to that matter.

  Compare: Spam Act 2003 s 16(1), (2), (5), (6) (Aust)