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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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Do Not Call registers and stopping physical junk mail

Key Takeaway

New Zealand does not have a single government-mandated 'Do Not Call' register for live telemarketing calls. However, unsolicited commercial electronic messages (like emails or texts) are regulated by the Unsolicited Electronic Messages Act 2007, requiring consent and an unsubscribe option. For physical junk mail, rights vary depending on whether the mail is addressed or unaddressed, with the Privacy Act 2020 offering protection for addressed marketing mail.

Understanding Unsolicited Marketing in New Zealand

In New Zealand, the rules governing unsolicited marketing communications, such as telemarketing calls and physical junk mail, differ based on the medium of communication. There is no single 'Do Not Call' register for live telephone calls, nor is there comprehensive legislation solely dedicated to stopping all forms of physical junk mail. Instead, various laws and industry practices apply.

Stopping Unsolicited Electronic Messages

Unsolicited commercial electronic messages are primarily governed by the Unsolicited Electronic Messages Act 2007 (UEM Act).

What are Commercial Electronic Messages?

A "commercial electronic message" is defined broadly to include emails, text messages, instant messages, and messages sent to a telephone number by means of an automated calling system [Source: Unsolicited Electronic Messages Act 2007, s 4(1)(d)]. These messages must have a commercial purpose, such as offering goods or services, advertising, or promoting a business [Source: Unsolicited Electronic Messages Act 2007, s 4(2)].

Consent Requirements

It is unlawful to send a commercial electronic message to an electronic address without the recipient's express or inferred consent [Source: Unsolicited Electronic Messages Act 2007, s 6]. Consent can be express (e.g., actively signing up for a newsletter) or inferred (e.g., from an existing business relationship or publicly available contact details where the message is related to the individual's role or business) [Source: Unsolicited Electronic Messages Act 2007, s 5].

Unsubscribe Facility

Every commercial electronic message must contain a functional unsubscribe facility that allows the recipient to opt out of receiving future commercial electronic messages from the sender [Source: Unsolicited Electronic Messages Act 2007, s 7]. Requests to unsubscribe must be honoured within 5 working days [Source: Unsolicited Electronic Messages Act 2007, s 7(2)].

Enforcement

The Department of Internal Affairs (DIA) is responsible for enforcing the Unsolicited Electronic Messages Act 2007. Individuals can report unsolicited commercial electronic messages to the DIA [Source: Unsolicited Electronic Messages Act 2007, s 27].

Telemarketing Calls (Live Human Calls)

New Zealand does not have a government-mandated national "Do Not Call" register specifically for live telemarketing calls made by human operators. This means there is no central database where individuals can register their phone number to universally block all unsolicited live marketing calls.

While the Unsolicited Electronic Messages Act 2007 covers automated calling systems that send recorded messages [Source: Unsolicited Electronic Messages Act 2007, s 4(1)(d)], it does not regulate live person-to-person telemarketing calls.

Privacy Act 2020

The Privacy Act 2020 governs how organisations (referred to as "agencies") collect, hold, use, and disclose an individual's "personal information" (information about an identifiable individual) [Source: Privacy Act 2020, s 6, Schedule 1, Principle 1]. If an organisation is using your personal information to make telemarketing calls, you may have rights under this Act. Specifically, individuals have the right to request that an agency stop sending them direct marketing material if the information was collected in connection with the provision of goods or services to that individual, and the individual has not consented to its use for direct marketing, or has withdrawn consent [Source: Privacy Act 2020, Schedule 1, Principle 10(1)(c)].

Stopping Unsolicited Physical Mail (Junk Mail)

Stopping physical junk mail depends on whether the mail is addressed to a specific person or is unaddressed.

Addressed Mail

When junk mail is addressed to you by name, it indicates that an organisation is using your "personal information" (such as your name and address) for "direct marketing" (sending advertising or promotional material directly to individuals) [Source: Privacy Act 2020, s 7, Schedule 1, Principle 1].

Under the Privacy Act 2020, individuals have rights regarding the use of their personal information for direct marketing [Source: Privacy Act 2020, Schedule 1, Principle 10]. If an agency uses personal information for direct marketing, the individual can request the agency to cease sending direct marketing material [Source: Privacy Act 2020, Schedule 1, Principle 10(1)(c)]. This request must be complied with.

To stop addressed junk mail, you typically need to contact each sender directly and request that they remove you from their mailing list. If the sender fails to comply, a complaint can be made to the Office of the Privacy Commissioner [Source: Privacy Act 2020, s 67].

Unaddressed Mail

Unaddressed mail includes flyers, pamphlets, and other promotional material delivered to letterboxes without a specific recipient's name or address. There is no specific New Zealand legislation that directly provides a legal right to stop all unaddressed junk mail.

Many distributors of unaddressed mail, such as NZ Post and private companies, generally respect "No Junk Mail" or "No Circulars" stickers placed on letterboxes. While these stickers are not legally binding under specific legislation, they are widely recognised as an indication that the resident does not wish to receive unsolicited unaddressed mail. Placing such a sticker is a common practical step to reduce the amount of unaddressed junk mail received.

Fair Trading Act 1986

The Fair Trading Act 1986 prohibits misleading or deceptive conduct in trade [Source: Fair Trading Act 1986, s 9]. This could apply to information contained within junk mail if the content is false or misleading, regardless of whether it is addressed or unaddressed. However, this Act does not provide a mechanism to stop the delivery of such mail itself, only to challenge its content.

When to Seek Independent Legal Advice

Understanding specific rights and obligations regarding unsolicited marketing can be complex. For detailed guidance on your individual circumstances or to understand how the law applies to a specific situation, individuals can seek assistance from Community Law Centres throughout New Zealand or contact the Office of the Privacy Commissioner for matters related to personal information and direct marketing. For issues regarding commercial electronic messages, the Department of Internal Affairs can provide further information.

Key Resources