Understanding New Zealand's anti-spam legislation

You will learn

Learn about New Zealand’s anti-spam legislation and its message requirements for SMS.

In New Zealand, the sending of SMS and email marketing messages is regulated by the Unsolicited Electronic Messages Act 2007 (UEMA). This legislation was designed to protect people from receiving spam or “unsolicited commercial electronic messages.”

It applies to commercial electronic messages with a New Zealand link, including messages sent to, from, or within New Zealand, and governs who you can send messages to and what information those messages need to include.

About New Zealand’s anti-spam legislation and regulations

A commercial electronic message (CEM) markets or promotes goods, services, or a business. Links in a message can also make it commercial. For example, a link to a business website can make an otherwise non-commercial email a CEM. Certain messages, such as those that confirm an agreed transaction, are excluded under UEMA.

New Zealand’s anti-spam legislation, UEMA, regulates the sending of any CEMs, including email and SMS.

The 3 main requirements under UEMA for sending CEMs are:

• Obtain proper consent
• Provide identification information and contact details
• Include a method to unsubscribe/opt out of messaging

What is consent under New Zealand anti-spam legislation?

UEMA recognizes 3 types of consent: express, inferred, and deemed. Express consent means someone directly opts in to receive marketing messages from your organization. Klaviyo requires express consent for SMS marketing.

Under UEMA, you are responsible for proving that consent exists. Keep records of when you get consent, including the:

• Type of consent
• Consent method
• Date/time an individual consented

When someone subscribes to SMS through a Klaviyo sign-up form, Klaviyo records their consent status, method, and timestamp. You can also import SMS consent and consent timestamps from another provider. Keep the original provider’s records of how the person consented.

Express consent

Express, also called explicit, consent is when someone directly opts in to receive marketing messages via a certain channel. You must obtain express consent before sending SMS marketing through Klaviyo.

When someone consents to receive one type of CEM, this does not count as permission to send them any other type of CEM. For instance, if you have someone’s consent for email, you can only send them emails. It does not count as permission to send SMS.

There are several ways someone can give you their express consent, including:

• Signing up via a form
• Checking a box on a website

For example, opt-in boxes are an effective way of allowing someone to provide express consent by selecting the box. These boxes should be accompanied by a clear statement explaining what type of CEM the individual will receive and what that CEM will relate to.

It is also recommended to have double opt-in enabled as part of the opt-in process, which requires the individual providing consent to confirm their subscription.

Inferred consent

Inferred, also called implicit, consent is permissible in limited scenarios. This type of consent may apply when someone has knowingly and directly given you their information, and it is reasonable to believe they would expect to receive marketing messages from your business. Consent cannot be inferred from a single purchase from your business or from an abandoned cart.

Inferred consent is challenging to prove and is not recommended. We recommend using express consent in all cases. For SMS marketing through Klaviyo, express consent is required.

Deemed consent

Deemed consent can apply when someone conspicuously publishes their electronic address in a business or official capacity, without a statement that they do not want unsolicited commercial messages. The message must be relevant to their business, role, functions, or duties. Klaviyo’s Acceptable Use Policy prohibits sending to publicly available contacts, so do not rely on deemed consent to send marketing messages through Klaviyo.

Message requirements under New Zealand's anti-spam legislation

In addition to obtaining the proper consent, UEMA requires that you include the following information in every CEM:

• Your sender information
  • CEMs must clearly and accurately identify the individual or organization sending the message
  • If someone else sends messages on your behalf, the CEM must still identify you as the business that authorized the message
• Include contact details for your business or a link to your business’s contact details
  • These contact details must be reasonably likely to remain accurate for at least 30 days after you send your message
• An opt-out mechanism (e.g., STOP keyword) that:
  • Presents unsubscribe instructions clearly
  • Actions the request to unsubscribe within 5 working days
  • Does not require the payment of a fee
  • Is functional for at least 30 days after you send the message
  • Allows subscribers to unsubscribe through the original method of communication

By default, Klaviyo adds an organizational prefix, a link to your company’s contact details, and opt-out instructions to SMS campaigns and flow messages sent to New Zealand recipients so recipients can easily identify your brand and unsubscribe if necessary. Make sure your company contact details are complete and accurate before sending.

Best practices

While not explicitly required by UEMA, the following are best practices for sending CEMs in New Zealand:

• When obtaining consent, enable double opt-in
• Do not treat absence from New Zealand’s do-not-call or do-not-mail registers as SMS consent. These registers cover phone calls and addressed mail.
• Inform recipients of any charges associated with a CTA if applicable
• Send messages between 9 a.m. and 8 p.m. in the recipients’ local time (for SMS and direct messages); use quiet hours for flows and quiet hours for campaigns to avoid sending SMS during configured quiet hours. Check that your quiet hours cover at least 8 p.m. to 9 a.m.
• Do not use common spam-related phrases in your messages or email subject lines; e.g., “free money”
• Every CEM should be helpful to the recipient; if not, subscribers will likely opt out
• Avoid sending a lot of emojis and using acronyms unless you know your audience understands or responds positively to them
• Do not overload recipients with too many messages; for instance, use Smart Sending to limit how often someone can receive messages via a certain channel

Sending to recipients in New Zealand using Klaviyo

When sending to recipients in New Zealand using Klaviyo, it’s important that you also comply with Klaviyo’s Terms of Service and Acceptable Use Policy, which, in certain cases, may be more strict than UEMA requirements.

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