Unsolicited Electronic Messages Act 2007

• Jurisdiction: New Zealand
• Citation: 2007 No 7
• Reference: 2007 No 7
• Record Number: DLM405133
• Act Number: 7
• Type of Document: Act

Contenidos

• Unsolicited Electronic Messages Act 2007
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purposes of this Act
• 4 Interpretation
• 5 Meaning of electronic message
• 6 Meaning of commercial electronic message
• 7 Act binds the Crown
• 8 Application of Act outside New Zealand
• Part 2
• Part 1
• 9 Unsolicited commercial electronic messages must not be sent
• 10 Commercial electronic messages must include accurate sender information
• 11 Commercial electronic messages must contain functional unsubscribe facility
• 12 Defences
• Part 2
• 13 Restriction on use of address-harvesting software and harvested-address lists
• 14 Onus of proof
• Part 3
• 15 Third party breaches of Act
• Part 4
• 16 Supplying message service
• 17 Person who authorises sending of electronic messages
• Part 3
• Part 1
• 18 Meaning of civil liability event
• 19 Possible responses to civil liability event
• Part 2
• 20 Functions and powers of enforcement department
• 21 Chief executive may appoint enforcement officers
• 22 Authority to act as enforcement officer
• 23 Formal warnings
• 24 Civil infringement notices
• 25 Issue of civil infringement notices
• 26 Form of civil infringement notices
• 27 Objections to civil infringement notices
• 28 Withdrawal of civil infringement notice
• 29 What happens if penalty is paid
• 30 Effect of civil infringement notice on civil proceedings
• 31 Recovery of unpaid penalty
• 32 Right to appeal
• 33 Decision on appeal
• 34 Enforceable undertakings
• 35 Enforcement of undertakings
• 36 Assessment of compensation for breach of undertaking
• Part 3
• 37 Jurisdiction of District Court
• 38 Jurisdiction of High Court
• 39 Powers of High Court not affected
• 40 Performance injunctions
• 41 When High Court may grant performance injunctions
• 42 Restraining injunctions
• 43 When High Court may grant restraining injunctions and interim injunctions
• 44 Undertaking as to damages not required by enforcement department
• 45 Pecuniary penalties for civil liability event
• 46 Compensation and damages for civil liability event
• 47 Joinder of parties
• 48 Interrelationship of civil liability remedies
• 49 Applicable rules, procedure, and standard of proof
• 50 Time limit for applying for pecuniary penalty, compensation, and damages
• Part 4
• 51 Search warrant
• 52 Form and content of search warrant
• 53 Powers conferred by search warrant
• 54 Person with knowledge of computer or computer network to assist access
• 55 Requirements when executing search warrant
• 56 Disposal of property or thing seized under search warrant
• Part 4
• 57 Alterations to Schedule
• 58 Regulations
• Schedules
• Schedule Messages that are not electronic messages
• 1 Excluded messages
• 2 Definition
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Unsolicited Electronic Messages Act 2007

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

1 Title

This Act is the Unsolicited Electronic Messages Act 2007.

2 Commencement

This Act comes into force 6 months after the date on which it receives the Royal assent.

Part 1

3 Purposes of this Act

The purposes of this Act are to—

prohibit unsolicited commercial electronic messages with a New Zealand link from being sent, in order to—

1. promote a safer and more secure environment for the use of information and communications technologies in New Zealand; and

2. reduce impediments to the uptake and effective use of information and communications technologies by businesses and the wider community in New Zealand; and

3. reduce the costs to businesses and the wider community that arise from unsolicited commercial electronic messages; and

2. require commercial electronic messages to include accurate information about the person who authorised the sending of the message and a functional unsubscribe facility in order to enable the recipient to instruct the sender that no further messages are to be sent to the recipient; and

3. prohibit address-harvesting software or a harvested-address list from being used in connection with sending unsolicited commercial electronic messages in contravention of this Act; and

4. deter people from using information and communications technologies inappropriately.

4 Interpretation

In this Act, unless the context otherwise requires,—

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

1. searching the Internet for electronic addresses; and

2. 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—

means—

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

consent that can reasonably be inferred from—

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

2. any other circumstances specified in the regulations; or

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

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

2. ...