- The law
- Unsolicited Electronic Messages Act 2007 (UEMA), sections 9(2) and 11
- Who enforces it
- Department of Internal Affairs (DIA)
- Penalties
- Court penalties up to NZ$200,000 for an individual and NZ$500,000 for an organisation, plus formal warnings and civil infringement notices.
What it means for your email
- Every commercial email needs a functional unsubscribe that tells you to stop sending commercial messages to that address.
- It must be clear and conspicuous, and free to use.
- It must let the person reply using the same method the message came by, so an email needs an email or web route, not a phone line.
- It must be reasonably likely to keep working for at least 30 days after you send.
- Once someone unsubscribes, their consent is treated as withdrawn from 5 working days after they used it. The DIA counts from the day after the request.
Do
- Put a plain "Unsubscribe" link where people can see it in every marketing email.
- Sync opt-outs to every list, tool and agency well inside 5 working days.
- Keep unsubscribe links and pages live for at least 30 days after each send.
- If you send a confirmation email, send it within the 5 working days. The DIA says that's acceptable.
Don't
- Don't make it unnecessarily difficult. The DIA accepts web links on that condition.
- Don't charge for unsubscribing, or use a method that costs the person money.
- Don't send more marketing after the 5 working days are up.
- Don't use an exit survey or "are you sure?" email outside the 5 working days.
Good to know
- The rule can give way to the terms of a contract between you and the recipient, but the DIA says valid requests must still be actioned.
- People can complain to the DIA if they still get messages 5 working days after unsubscribing, or if the link stops working within 30 days.
Sources
- Unsolicited Electronic Messages Act 2007 (Parliamentary Counsel Office, New Zealand Legislation)
- Information about unsubscribing (Department of Internal Affairs)
- Spam Frequently Asked Questions (Department of Internal Affairs)
- Three steps to ensure you are not spamming (Department of Internal Affairs)
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 Spotted something out of date?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.