SMS marketing rules in New Zealand: a plain-English guide.
If you send marketing texts in New Zealand, the Unsolicited Electronic Messages Act 2007 (UEMA) applies. The good news: the rules are simple, and following them also makes your texts work better. This guide covers the essentials. It's general information, not legal advice.
The three core rules
- Consent. Only send commercial texts to people who have agreed to receive them. Consent can be express (they ticked a box or texted in) or, in some cases, inferred from an existing business relationship.
- Identify yourself. Every commercial message must clearly say who sent it and how to contact you.
- Unsubscribe. Every commercial message must include a working, free way to opt out, and you must honour opt-outs promptly.
What counts as a commercial message?
Promotions, offers, sales, event invitations and anything encouraging someone to buy. A reminder about an appointment the customer booked, or a "your order is ready" message, is generally a service message rather than marketing, but adding your business name and a contact route is still good practice.
Good habits
- Record when and how each contact gave consent.
- Add "Reply STOP to opt out" to marketing texts.
- Remove opt-outs straight away and never re-add them without new consent.
- Never buy or rent phone number lists.
- Send at reasonable hours.
More information
The Department of Internal Affairs (DIA) enforces the Act and publishes guidance for businesses. Check their website for the latest detail, and talk to a lawyer if you're unsure about a particular campaign.
SMS marketing rules NZ questions.
Do I need consent to send marketing texts in NZ?
Yes. The Unsolicited Electronic Messages Act 2007 requires consent for commercial electronic messages.
Do appointment reminders need an opt-out?
Pure service messages are treated differently from marketing, but including your name and a way to opt out is good practice.
Who enforces the rules?
The Department of Internal Affairs (DIA).
Can I text a list I bought?
No. Bought lists don't come with valid consent.
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