- The law
- Sale and Supply of Alcohol Act 2012 section 237; ASA Alcohol Advertising and Promotion Code
- Who enforces it
- The courts, on prosecution under the Act (administered by the Ministry of Justice); Advertising Standards Authority (ASA) for the code
- Penalties
- A fine of up to $10,000, and for a licensee a licence suspension of up to 7 days as well or instead.
What it means for your email
- Don't promote discounts that lead, or are likely to lead, people to believe the price is 25% or more below the usual price. The Act only allows this on licensed premises, or in the catalogue or similar price list of an off-licence endorsed for remote selling (section 40).
- Don't advertise free alcohol. The exceptions are complimentary tastings at an off-licence, and promotions inside licensed premises that can't be seen or heard from outside.
- Don't offer goods, services or a chance to win a prize on condition that alcohol is bought, unless the offer is made only on licensed premises for alcohol bought there. Loyalty schemes are fine unless the rewards apply only or mainly to alcohol.
- Don't do anything that encourages, or is likely to encourage, people to drink to an excessive extent.
- Don't promote alcohol in a way aimed at, or with special appeal to, minors.
Do
- Keep email discounts on alcohol under 25% of the usual price, and check "was" prices are genuine.
- Send alcohol emails only to subscribers you have confirmed are adults, using an age check such as a date of birth.
- Use visually prominent adults who are at least 25 and look it, as the ASA code requires.
- Consider pre-vetting campaigns through the Liquor Advertising and Promotion Pre-vetting Service, which the ASA recommends.
Don't
- Don't run "buy one get one free" or free-gift-with-alcohol emails.
- Don't run competitions where buying alcohol is a condition of entry.
- Don't suggest alcohol improves confidence, popularity, sexual success or performance.
- Don't show rapid or heavy drinking, drinking games or oversized servings.
Good to know
- The Act doesn't say whether an email counts as a remote seller's "catalogue or similar price-list". Treat 25%+ discount emails as risky unless you have advice that yours fits.
- The ASA code applies to alcohol advertising in any medium, email included. Where age checks aren't available, it expects an audience at least 80% adult.
- The ASA code is self-regulation, and its Complaints Board decides whether an ad breaches it.
Sources
- Sale and Supply of Alcohol Act 2012, section 237: Irresponsible promotion of alcohol (New Zealand Legislation, Parliamentary Counsel Office)
- Alcohol Advertising and Promotion Code (Advertising Standards Authority)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.