Part 2 Restrictions on electronic messages, address-harvesting software, and harvested-address lists

Subpart 1—Commercial electronic messages

9 Unsolicited commercial electronic messages must not be sent


A person must not send, or cause to be sent, an unsolicited commercial electronic message that has a New Zealand link.


If a recipient uses an unsubscribe facility in accordance with section 11(1)(a), the recipient’s consent to receiving a commercial electronic message from the sender is deemed to have been withdrawn with effect from the day that is 5 working days after the day on which the unsubscribe facility was used.


A person who contends that a recipient consented to receiving a commercial electronic message has the onus of proof in relation to that matter.

Compare: Spam Act 2003 s 16(1), (2), (5), (6) (Aust)