New Zealand Legislation: Acts

20 Functions and powers of enforcement department

• The enforcement department—

  • (a) may investigate, and take enforcement action in relation to, an alleged civil liability event if it considers that an investigation or enforcement action is appropriate in the circumstances; and

  • (b) must make publicly available information concerning—

    • (i) the functions and powers of the enforcement department and enforcement officers under this Act; and

    • (ii) the purposes and provisions of this Act; and

    • (iii) the rights and responsibilities of persons to whom this Act applies; and

  • (c) must monitor information and communications technologies and the way in which they are utilised to send and receive unsolicited commercial electronic messages; and

  • (d) must—

    • (i) establish an electronic address to which a recipient may forward electronic messages containing sexual content that the recipient has not consented to receiving; and

    • (ii) make publicly available information about how people may use that electronic address; and

    • (iii) if it considers it appropriate in the circumstances, make recommendations to government or non-government organisations about possible responses to the types of electronic messages forwarded to that electronic address; and

  • (e) must endeavour to ensure that New Zealand complies with all international agreements and arrangements concerning unsolicited commercial electronic messages to which New Zealand is a party; and

  • (f) may consult with, advise, and assist government and non-government organisations and other persons overseas, for the purpose of promoting and enforcing international procedures to prevent unsolicited commercial electronic messages being sent or received.