11 Commercial electronic messages must contain functional unsubscribe facility

(1)

A person must not send, or cause to be sent, a commercial electronic message (the principal message) that has a New Zealand link unless—

(a)

the principal message includes a functional unsubscribe facility that the recipient may use to instruct the person who authorised the sending of the principal message (the sender) that no further commercial electronic messages from or authorised by the sender should be sent to the electronic address at which the principal message was received; and

(b)

the unsubscribe facility is expressed and presented in a clear and conspicuous manner; and

(c)

the unsubscribe facility allows the recipient to respond to the sender using the same method of communication that was used to send the principal message; and

(d)

there is no cost to the recipient if the recipient uses the unsubscribe facility; and

(e)

the unsubscribe facility is reasonably likely to be functional and valid for at least 30 days after the principal message is sent; and

(f)

the unsubscribe facility complies with any conditions specified in the regulations.

(2)

Subsection (1) does not apply to the extent (if any) to which it is inconsistent with the terms of a contract, arrangement, or understanding between—

(a)

the person who authorised the sending of the principal message; and

(b)

the recipient.

Compare: Spam Act 2003 s 18(1), (3), (9) (Aust)