Unsolicited Electronic Messages Act 2007

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Version as at 28 October 2021

Coat of Arms of New Zealand

Unsolicited Electronic Messages Act 2007

Public Act
 
2007 No 7
Date of assent
 
5 March 2007
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Purposes of this Act
4Interpretation
5Meaning of electronic message
6Meaning of commercial electronic message
7Act binds the Crown
8Application of Act outside New Zealand
Part 2
Restrictions on electronic messages, address-harvesting software, and harvested-address lists
Subpart 1—Commercial electronic messages
9Unsolicited commercial electronic messages must not be sent
10Commercial electronic messages must include accurate sender information
11Commercial electronic messages must contain functional unsubscribe facility
12Defences
Subpart 2—Address-harvesting software and harvested-address lists
13Restriction on use of address-harvesting software and harvested-address lists
14Onus of proof
Subpart 3—Third party breaches of Act
15Third party breaches of Act
Subpart 4—Rules of general application throughout Act
16Supplying message service
17Person who authorises sending of electronic messages
Part 3
Enforcement provisions
Subpart 1—Civil liability events
18Meaning of civil liability event
19Possible responses to civil liability event
Subpart 2—Functions and powers of enforcement department and enforcement officers
20Functions and powers of enforcement department
21Chief executive may appoint enforcement officers
22Authority to act as enforcement officer
Formal warnings
23Formal warnings
Civil infringement notices
24Civil infringement notices
25Issue of civil infringement notices
26Form of civil infringement notices
27Objections to civil infringement notices
28Withdrawal of civil infringement notice
29What happens if penalty is paid
30Effect of civil infringement notice on civil proceedings
31Recovery of unpaid penalty
32Right to appeal
33Decision on appeal
Enforceable undertakings
34Enforceable undertakings
35Enforcement of undertakings
36Assessment of compensation for breach of undertaking
Subpart 3—Powers of courts
General
37Jurisdiction of District Court
38Jurisdiction of High Court
Injunctions
39Powers of High Court not affected
40Performance injunctions
41When High Court may grant performance injunctions
42Restraining injunctions
43When High Court may grant restraining injunctions and interim injunctions
44Undertaking as to damages not required by enforcement department
Pecuniary penalties, compensation, and damages
45Pecuniary penalties for civil liability event
46Compensation and damages for civil liability event
47Joinder of parties
48Interrelationship of civil liability remedies
49Applicable rules, procedure, and standard of proof
50Time limit for applying for pecuniary penalty, compensation, and damages
Subpart 4—Search and seizure
51Search warrant
52Form and content of search warrant [Repealed]
53Powers conferred by search warrant [Repealed]
54Person with knowledge of computer or computer network to assist access [Repealed]
55Requirements when executing search warrant [Repealed]
56Disposal of property or thing seized under search warrant [Repealed]
Part 4
Miscellaneous provisions
57Alterations to Schedule
58Regulations
Schedule
Messages that are not electronic messages
Notes