SMS Marketing Laws in New Zealand: What You Must Know Before Sending
Sep 14, 2026SMS Marketing Laws in New Zealand: What You Must Know Before Sending
In New Zealand, marketing texts are governed by the Unsolicited Electronic Messages Act 2007 (UEMA), enforced by the Department of Internal Affairs (DIA). Every marketing SMS needs three things: consent, clear identification of your business, and a working unsubscribe option. Consent for email does not count as consent for SMS. Breaches can attract penalties of up to NZD $500,000, so get permission first.
SMS marketing works because texts get read, but that power comes with rules. New Zealand's anti-spam law is enforced with real penalties, so getting this right is not optional. Here is what every small business must know before sending a single marketing text. This is general information, not legal advice.
The three rules of the UEM Act
New Zealand's Unsolicited Electronic Messages Act 2007, enforced by the Department of Internal Affairs, requires three things for every commercial electronic message, including SMS:
- Consent. The person must have agreed to receive marketing messages from you. Consent can be express (they actively opted in), inferred (from an existing relationship where it is reasonable), or deemed (their address is conspicuously published in a business capacity and your message is relevant). Express consent is always safest.
- Identification. Every message must clearly and accurately identify your business as the sender, and this information must stay correct for at least 30 days after sending. Include a way to contact you.
- Unsubscribe. Every message must offer a simple, working opt-out, typically "reply STOP", and you must action it within five working days.
The onus of proof is on you
A crucial point Kiwi businesses miss: under the Act, if the DIA asks, the sender must prove the recipient consented. It is not enough to assume permission, you need records showing how and when each person opted in. Purchased or scraped lists are especially risky, because you cannot demonstrate valid consent for those numbers.
The penalties are real
This is not a rule that goes unenforced. The DIA's Electronic Messaging Compliance team investigates complaints, and failure to comply can mean a fine of up to NZD $500,000. Enforcement ranges from a formal warning at the lower end through to significant financial penalties for serious or repeated breaches. For a small business, a single careless campaign to a non-consented list can be genuinely damaging, and the cost of compliance is trivial by comparison.
What counts as a commercial message
The Act applies to any message that markets or promotes goods, services, land, or a business or investment opportunity, or links to something that does. A single text can be spam, it does not need to be sent in bulk. Purely transactional messages, like an appointment reminder or an order update, are treated differently, but the moment you add a promotion, the full rules apply.
Do not forget the Fair Trading Act
Even when a message is compliant under UEMA, your marketing must still be truthful and not misleading under New Zealand's Fair Trading Act 1986. Pricing claims, "limited time" offers, and testimonials all need to be accurate and supportable. Spam compliance and honest advertising go hand in hand.
How to stay on the right side
Keep it simple: only text people who have specifically opted in to SMS, always identify your business clearly, always include "reply STOP", and action opt-outs within five working days. Keep records of when and how each person consented. A reputable SMS platform will build most of this in, but the legal responsibility sits with you, not the tool. When in doubt, get explicit consent and seek professional advice.
This is general information, not legal advice. For your specific situation, check the DIA's guidance or consult a professional.
Frequently asked questions
What are the SMS marketing laws in New Zealand?
Marketing texts are governed by the Unsolicited Electronic Messages Act 2007, enforced by the Department of Internal Affairs. Every marketing SMS needs consent from the recipient, clear identification of your business, and a working opt-out like reply STOP, actioned within five working days.
Does email consent count as SMS consent in New Zealand?
No. Under the UEM Act, consent to receive one type of message does not carry over to another. Someone who joined your email list has not agreed to texts. You need separate consent to send marketing SMS, or you risk breaching the Act.
What are the penalties for SMS spam in New Zealand?
Failure to comply with the Unsolicited Electronic Messages Act can mean a fine of up to NZD $500,000. The Department of Internal Affairs enforces the Act, with penalties ranging from formal warnings up to significant fines for serious or repeated breaches.
Do I have to prove someone consented to my texts?
Yes. Under the Act, the onus of proof is on the sender. If the DIA asks, you must be able to show how and when each recipient consented. This is why keeping clear opt-in records matters, and why purchased or scraped lists are so risky.
Email and SMS in 20-minute lessons
Our mini-courses help small business owners run direct marketing that is effective and compliant.
Browse the coursesYou'll never need a Marketing Agency again!
Digital Marketing Courses that teach you more than an Agency ever could (or would!)
