4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

address-harvesting software means software that is capable of, or marketed for use for,—

(a)

searching the Internet for electronic addresses; and

(b)

collecting, compiling, capturing, or otherwise harvesting those electronic addresses

chief executive means the chief executive of the enforcement department

civil liability event has the meaning set out in section 18

commercial electronic message has the meaning set out in section 6

consented to receiving

(a)

means—

(i)

express consent, whether given by the relevant electronic address-holder or any other person who uses the relevant electronic address; or

(ii)

consent that can reasonably be inferred from—

(A)

the conduct and the business and other relationships of the persons concerned; and

(B)

any other circumstances specified in the regulations; or

(iii)

consent that is deemed to have been given when the following circumstances apply:

(A)

an electronic address has been conspicuously published by a person in a business or official capacity; and

(B)

the publication of the address is not accompanied by a statement to the effect that the relevant electronic address-holder does not want to receive unsolicited electronic messages at that electronic address; and

(C)

the message sent to that address is relevant to the business, role, functions, or duties of the person in a business or official capacity; but

(b)

does not include the circumstances specified in the regulations from which consent cannot be inferred

court means, as appropriate, the District Court, the High Court, or either of them

electronic address means an address used in connection with—

(a)

an email account; or

(b)

an instant messaging account; or

(c)

a telephone account; or

(d)

a similar account

electronic message has the meaning set out in section 5

enforcement department means the department of State that, with the authority of the Prime Minister, is responsible for exercising the powers in Part 3

enforcement officer means a person who is appointed as an enforcement officer under section 21

goods has the same meaning as in section 2(1) of the Consumer Guarantees Act 1993

government body means—

(a)

a department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(b)

a Crown entity as defined in section 10(1) of the Crown Entities Act 2004

harvested-address list means—

(a)

a list of electronic addresses; or

(b)

a collection of electronic addresses; or

(c)

a compilation of electronic addresses,—

where the production of the list, collection, or compilation is, to any extent, directly or indirectly attributable to the use of address-harvesting software

individual means a natural person, other than a deceased natural person

message means information, whether in—

(a)

the form of text or writing; or

(b)

the form of data; or

(c)

the form of speech, music, or other sounds; or

(d)

the form of visual images (animated or otherwise); or

(e)

any other form; or

(f)

any combination of forms

mistake means a reasonable mistake of fact

organisation includes—

(a)

a corporation sole; and

(b)

a body corporate; and

(c)

an unincorporated body or association; and

(d)

a partnership; and

(e)

a government body; and

(f)

a court or tribunal

person means—

(a)

an individual; and

(b)

an organisation

recipient, in relation to the sending of an electronic message to an electronic address, means—

(a)

the relevant electronic address-holder; and

(b)

any other person who uses that electronic address

regulations means regulations made under this Act

relevant electronic address-holder means the person who is responsible for the relevant electronic address

send includes an attempt to send

service provider means a provider of a telecommunications service

services has the same meaning as in section 2(1) of the Consumer Guarantees Act 1993

telecommunication has the same meaning as in section 3 of the Telecommunications (Interception Capability and Security) Act 2013

telecommunications service means any goods, services, equipment, and facilities that enable or facilitate telecommunication

unsolicited commercial electronic message means a commercial electronic message that the recipient has not consented to receiving.

(2)

For the purposes of this Act, an electronic message has a New Zealand link if 1 or more of the following applies:

(a)

the message originates in New Zealand:

(b)

the person who sent the message is—

(i)

an individual who is physically present in New Zealand when the message is sent; or

(ii)

an organisation whose central management and control is in New Zealand when the message is sent:

(c)

the computer, server, or device that is used to access the message is located in New Zealand:

(d)

the recipient is—

(i)

an individual who is physically present in New Zealand when the message is accessed; or

(ii)

an organisation that carries on business or activities in New Zealand when the message is accessed:

(e)

if the message cannot be delivered because the relevant electronic address does not exist, assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server, or device located in New Zealand:

(f)

it is sent to an electronic address that—

(i)

ends with “.nz”; or

(ii)

begins with an international access code directly followed by “64”.

Compare: 2001 No 103 s 5; Spam Act 2003 ss 4, 7, Sch 2 (Aust)

Section 4(1) telecommunication: replaced, on 13 November 2018, by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).