New Zealand Legislation: Acts

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

• (1) A person must not use address-harvesting software or a harvested-address list in connection with, or with the intention of, sending unsolicited commercial electronic messages in contravention of section 9.

  (2) In subsection (1), person means—

  • (a) an individual who is physically present in New Zealand at the time of the use:

  • (b) an organisation that carries on business or activities in New Zealand at the time of the use.

  (3) The prohibition in subsection (1) applies whether the unsolicited commercial electronic messages were sent by, or intended to be sent by,—

  • (a) the person who used the address-harvesting software or harvested-address list; or

  • (b) any other person.

  Compare: Spam Act 2003 s 22(1), (2) (Aust)