The Unsolicited Electronic Messages Act comes into force on 5 September 2007 and effects every business in New Zealand that sends email.
Here’s my summary, but if in doubt read the Act yourself!
The new law says:
- Before sending “commercial electronic messages”, you must get consent from all recipients
- All “commercial electronic messages” must provide a working unsubscribe facility
- The sender of all “commercial electronic messages” must be clearly identified and contact information must be available
- Harvesting emails is illegal
The definition of “commercial electronic messages” is a catch-all for email, SMS and instant messages (but not POTS, VOIP or FAX) where the primary purpose is to market or promote goods, services or business/investment opportunities.
There are exceptions of course – which pretty much apply to most day-to-day business email:
- If you are already doing business with someone, you are allowed to email them.
- If someone gives you their business card, or if you find a contact email address on a website you can email them (unless there is a ‘no spam’ notice with the email address).
- If someone asks for a quote, you can email it to them.
- You can let people know about their subscription or account, or renewal of a product.
- You can email people about upgrades to products/services that they have bought.
If you want to send email newsletters, offers, promotions etc – you should keep a double-opt-in database using a system such as Calcium Software’s Hot Prospect. Hot Prospect v3 was recently released and there are some good reasons for using it:
Save time - Hot Prospect will automatically manage double-opt-ins, unsubscribes and bounces, allowing you to collect email addresses from your website, or from offline and comply with the law. Sending email campaigns is fast and safe. Using Hot Prospect you can build a great looking email in minutes and know that it will only be sent to the people on your list who are currently opted-in.
Repudation - the Act states that the onus of proof lies with the sender. Hot Prospect provides full repudation by keeping an audit record of recipients being added and removed from mailing lists, including opt-in confirmations, changes of information and details of emails sent.
Results - its one thing to be allowed to send a marketing email, its another thing to be able to deliver the email through spam filters. The SMTP engine behind Hot Prospect is mailPrimer, which was designed to deliver daily 1-1 emails and therefore uses a number of unique techniques for optimising delivery. When used to deliver bulk email, mailPrimer gets the highest delivery rates that I’ve seen.

For more information on Hot Prospect, have a look at: Calcium, Red Running Man, Green Running Man