The Act does not differentiate between the collection of and use of any personal information for electronic marketing or other forms of direct marketing.

The Unsolicited Electronic Messages Act 2007:

• prohibits unsolicited commercial electronic messages (this include email, fax, instant messaging and text messages of a commercial nature – but do not cover Internet pop-ups or voice telemarketing) with a New Zealand link (messages sent to, from or within New Zealand);
• requires consent (which can be express, reasonably inferred, or deemed) from the recipient prior to sending commercial electronic messages;
• requires commercial electronic messages to include accurate information about who authorised the message to be sent;
• requires a functional unsubscribe facility to be included so that the recipient can instruct the sender not to send the recipient further messages; and
• prohibits using address-harvesting software to create address lists for sending unsolicited commercial electronic messages.

The Marketing Association of New Zealand has a code of practice for direct marketing which governs compliance by members of the principles of the code. The code establishes a ‘Do Not Call’ register to which anyone not wanting to receive any direct marketing can register.