Consent is the gatekeeper of New Zealand email marketing. Under the Unsolicited Electronic Messages Act 2007, a commercial email or text must go only to people who have consented to receive it, and the Department of Internal Affairs (DIA) expects senders to be able to show that consent. This page explains the three forms of consent the Act recognises, how to collect the strongest kind, and what to do when someone changes their mind.
This is general information, not legal advice.
The three types of consent compared
| Type | How it arises | Example | How safe to rely on |
|---|---|---|---|
| Express | The person clearly agrees, in writing, online or verbally | A customer ticks “Send me your monthly specials” on your website | Strongest, especially with a record |
| Inferred | From conduct and an existing business or other relationship, where the message relates to it | A club emailing members about club events | Depends on the relationship; a single purchase is not enough, according to DIA |
| Deemed | A work address has been conspicuously published and the message relates to that person’s role | Emailing a council procurement officer whose address is on the council website about a relevant service | Narrow; not available if the publication says no unsolicited messages |
Collecting express consent the right way
- Ask plainly. “Yes, email me news and offers from Kōwhai Garden Centre” is better than a vague “Keep me updated”. Say what people will get and roughly how often.
- Leave the box unticked. A pre-ticked box makes it hard to argue the person actively agreed.
- Separate it from the purchase. Buying something should not depend on joining your list.
- Cover each channel. If you plan to send texts as well as emails, ask for both, and collect the mobile number in +64 format.
- Tell them about privacy. The Privacy Act 2020 expects you to explain why you are collecting the information and how people can access or correct it (IPP 3). A one-line link to your privacy statement under the form is enough for most small businesses.
Mailpro’s subscription forms let you set up this wording, and double opt-in sends a confirmation email so the subscriber proves the address is theirs. If you are unsure which to use, read the difference between opt-in and double opt-in.
Verbal and in-person consent
A lot of New Zealand business happens face to face: at the farmers’ market, the counter, a trade show or an A&P show. DIA accepts verbal consent but advises keeping a record of it. A sign-up tablet on the stall, or a paper form you enter into your contact list with the date and event name, gives you that record.
What to record
For each contact, keep the date and time of consent, the source (website form, event, shop), the wording they agreed to, and for double opt-in, the confirmation date. Store it alongside the contact in your CRM so you can answer a question or complaint quickly.
Contacts from someone else
If a partner, sponsor or event organiser hands you a list, the consent they collected may not extend to you. Since 1 May 2026, the Privacy Act’s IPP 3A also requires reasonable steps to let people know when you collect their information indirectly. The safest approach is to invite those contacts to opt in to your own list rather than emailing them straight away.
When consent ends
Every commercial message must include a free unsubscribe facility that works for at least 30 days. When someone uses it, their consent is treated as withdrawn from 5 working days later. Consent can also end in other ways: DIA’s example is a gym member who cancels their membership, after which the gym needs fresh consent to keep marketing to them. Build your processes so that an opt-out removes the person from every marketing list and automation.
Refreshing an old list
If you have a list collected years ago with no record of how, send a one-off re-permission email asking people to confirm they want to stay, and keep only those who say yes. It shrinks the list but improves engagement and protects your sender reputation. For the wider legal context, see email marketing law in New Zealand.