Unsolicited Electronic Messages Regulations 2007

Reprint
as at 1 October 2012

Coat of Arms of New Zealand

Unsolicited Electronic Messages Regulations 2007

(SR 2007/271)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 10th day of September 2007

Present:
The Right Hon Helen Clark presiding in Council


Note

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.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to section 58 of the Unsolicited Electronic Messages Act 2007, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Unsolicited Electronic Messages Regulations 2007.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation

Warrant of appointment of enforcement officers

4 Form of warrant of appointment of enforcement officer
  • A warrant of appointment issued to an enforcement officer under section 22 of the Act must be in form 1 of the Schedule.

Formal warnings

5 Form of formal warnings
  • A formal warning issued under section 23 of the Act must be in form 2 of the Schedule.

6 Manner of issuing formal warnings
  • A formal warning issued under section 23 of the Act must be issued by—

    • (a) personal delivery to the person being warned; or

    • (b) posting it to the last known residential address of the person being warned.

Civil infringement notices

7 Maximum amount of penalty for civil liability event
  • The maximum penalty that may be required under a civil infringement notice for each civil liability event alleged to have occurred is—

    • (a) $200 per civil liability event for an individual; and

    • (b) $500 per civil liability event for an organisation.

8 Objection to civil infringement notice
  • (1) An objection to a civil infringement notice—

    • (a) must be in writing; and

    • (b) must be sent or delivered to the physical or postal address of the enforcement department; and

    • (c) may be made only on the grounds that—

      • (i) 1 or more of the elements required for a civil liability event are not satisfied:

      • (ii) the person issued with the notice has a valid defence under the Act; and

    • (d) must contain the following information:

      • (i) the name and address of the person making the objection; and

      • (ii) the number and date of the civil infringement notice; and

      • (iii) the grounds of the objection; and

      • (iv) sufficient information supporting the grounds of the objection to allow the objection to be considered; and

    • (e) must be made on or before the 28th day after the date of service of the civil infringement notice.

    (2) An objection is treated as having been made on the date on which it is received by the enforcement department.

Search warrants

[Revoked]

  • Heading: revoked, on 1 October 2012, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2012 (SR 2012/245).

9 Form of search warrant to enter and search place or thing
  • [Revoked]

    Regulation 9: revoked, on 1 October 2012, by regulation 4 of the Unsolicited Electronic Messages Amendment Regulations 2012 (SR 2012/245).


Schedule
Forms

rr 4, 5, 9

Form 1
Warrant of appointment of enforcement officer

Section 22, Unsolicited Electronic Messages Act 2007

Front of warrant:

Enforcement officer Warrant of appointment

Full name:

Identification number:

[Photo of warrant holder]

Signature:

Back of warrant:

Warrant of appointment issued under section 22 of the Unsolicited Electronic Messages Act 2007

This is to certify that the person whose name, photograph, and signature appear on this warrant—

  • is an enforcement officer appointed under section 21 of the Unsolicited Electronic Messages Act 2007; and

  • may perform the functions and exercise the powers conferred on enforcement officers by that Act.

Signature
[Title of the chief executive of the
enforcement department]

Form 2
Form of formal warnings

Section 23, Unsolicited Electronic Messages Act 2007

[Date]

To [name and address of individual or organisation]

Formal Warning—Unsolicited Electronic Messages Act 2007

On [date], we were advised*/our investigations showed* that [details of events or actions that occurred].

*Delete if inapplicable.

A subsequent investigation by an enforcement officer found that this constituted a breach of [section that was breached giving rise to the civil liability event] of the Unsolicited Electronic Messages Act 2007 (the Act).

You are required to cease the above practice(s) immediately and ensure no further contraventions of the Act occur. If further contraventions do occur, enforcement action may be taken under the Act.

Penalties under the Act are up to $200,000 for individuals and $500,000 for organisations.

Please note that issuing this formal warning notice to you does not affect the enforcement department's ability to consider or impose other appropriate sanctions under the Act.

Signature
[Name of enforcement officer]
Enforcement officer

Form 3
Search warrant to enter and search place or thing

[Revoked]

  • Schedule form 3: revoked, on 1 October 2012, by regulation 5 of the Unsolicited Electronic Messages Amendment Regulations 2012 (SR 2012/245).

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 September 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Unsolicited Electronic Messages Regulations 2007. The reprint incorporates all the amendments to the regulations as at 1 October 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)