Cold Calling And Telemarketing Laws In New Zealand

If you’re using cold calling or telemarketing to grow your customer base, you’re not alone. For a lot of small businesses, picking up the phone can feel like the fastest way to generate leads, confirm interest, and get sales moving.

But there’s a catch: cold calling is one of those “simple” marketing strategies that can create legal and reputational headaches if you don’t do it properly.

In this guide, we’ll walk you through the practical side of cold calling and telemarketing laws in New Zealand - what rules apply, what “good practice” looks like, and how to set up a compliant process that still converts.

What Counts As Cold Calling Or Telemarketing (And Why It Matters)

Before you can stay compliant, you need to be clear on what activity you’re actually doing - because different rules can apply depending on the channel, the audience, and what you say.

Cold Calling

Cold calling generally means you call a person or business without them asking you to call (or without a recent relationship that makes the call “expected”). It’s often used for:

• introducing your services to new customers
• booking appointments or demos
• generating leads for your sales team
• following up on publicly available contact details (for example, a business directory listing)

Telemarketing

Telemarketing usually refers to calling (or texting) to promote, sell, or persuade. It can include:

• sales calls to consumers
• calls to businesses (B2B)
• upselling to existing customers
• surveys or “research” calls that actually lead into a sales pitch

Why Definitions Matter

In practice, the big compliance risks come from:

• privacy obligations (how you collected and use phone numbers, and how you handle objections)
• misleading conduct (what you claim about your product, pricing, availability, or results)
• spam rules (especially if you switch from calls to SMS or email follow-ups)
• record-keeping (what you log to prove you acted fairly if a complaint is made)

So even if “cold calling” sounds informal, you want to treat it like a real compliance process from day one.

Which Laws Regulate Cold Calling And Telemarketing In New Zealand?

New Zealand doesn’t have a single “Telemarketing Act” that covers everything. Instead, cold calling and telemarketing laws in New Zealand come from a mix of privacy, consumer protection, and marketing rules.

Here are the key ones small businesses should have on their radar.

Privacy Act 2020 (Personal Information And Direct Marketing)

If you’re collecting, storing, using, or sharing phone numbers connected to identifiable individuals, the Privacy Act 2020 is central.

Typical situations where the Privacy Act matters in telemarketing include:

• buying or renting a marketing list (and not being sure how it was collected)
• scraping contact details from online sources
• calling someone who previously asked not to be contacted
• keeping notes about a person’s preferences or circumstances in a CRM

In plain terms, you should be able to answer:

• Where did this number come from?
• What did we tell the person about how we’d use it?
• Is our use consistent with that expectation?
• Do we have a simple way for them to opt out?

This is where having a clear Privacy Policy and internal process makes a big difference - especially once you scale beyond “the owner making a few calls”.

Fair Trading Act 1986 (No Misleading Or Deceptive Conduct)

The Fair Trading Act 1986 is a major one for sales calls. It broadly prohibits misleading or deceptive conduct in trade, as well as false or misleading representations.

Telemarketing risk areas we often see include:

• saying you’re “calling on behalf of” another organisation when you’re not
• claiming you have an existing relationship with the customer when you don’t
• stating or implying “limited time offers” that aren’t genuinely limited
• quoting a price that excludes unavoidable fees (where that makes the overall price misleading)
• over-promising outcomes (for example, “guaranteed results” without a proper basis)

Even if you didn’t intend to mislead someone, a problem can still arise if the overall impression of your call is misleading. If you want to go deeper into how risky statements can be treated legally, it’s worth understanding misrepresentation in a business context.

Unsolicited Direct Sales Act 2013 (Extra Rules For Consumer Sales Calls)

If you’re calling consumers to sell goods or services, it’s also important to consider the Unsolicited Direct Sales Act 2013. This law can apply where an agreement is made (or negotiated) as a result of an unsolicited approach to a consumer - including by phone.

In practice, this regime is most relevant when your telemarketing call leads to a consumer signing up on the spot (or agreeing to pay, start a subscription, or accept terms). Depending on the situation, it can impose disclosure and cancellation (cooling-off) obligations, and there can be consequences if those requirements aren’t met.

Because whether the Act applies can depend on the facts (including what was said, whether the consumer invited the call, and when the agreement is formed), it’s worth getting advice if your phone sales process regularly closes deals with consumers during the call.

Unsolicited Electronic Messages Act 2007 (Spam Rules For Email And SMS)

Telemarketing campaigns rarely stay on the phone. Often you’ll follow up with an email quote, send an SMS booking link, or run an “if we spoke recently…” email sequence.

Once you move into electronic messages, the Unsolicited Electronic Messages Act 2007 (often called New Zealand’s “spam law”) becomes relevant.

As a general rule, you want to make sure your emails and texts are sent in a way that aligns with the consent and unsubscribe requirements. This is especially important if your “cold calling” campaign includes SMS marketing or automated email follow-ups. Your approach should match the basics covered by email marketing laws.

Contract And Consumer Law (What You Promise On The Call Can Become Binding)

A sales call can create a contract faster than you expect.

If your staff are agreeing to pricing, timeframes, cancellation rights, or service inclusions over the phone, you should assume those statements may become enforceable terms - or at least form the basis of a dispute later.

That’s why call scripts and sales training aren’t just about conversion. They’re about consistency and risk control.

Industry Codes And “Do Not Call” Expectations

New Zealand does not have a single, universal government-run “Do Not Call Register” covering all marketing calls in the way some other countries do.

However, that doesn’t mean you can ignore opt-outs. In reality:

• people expect that if they say “don’t call me again”, you’ll stop
• some sectors have industry expectations and codes of practice
• a pattern of aggressive calls can trigger complaints and reputational damage (even if you thought you were technically allowed to call)

From a risk perspective, a strong internal “do not contact” process is one of the best investments you can make.

How Do You Cold Call Legally? A Practical Compliance Checklist For Small Businesses

The legal rules can feel a bit scattered, so here’s a practical checklist you can implement straight away. This is the kind of “system” that helps you stay compliant even when you hire new staff or outsource calls.

1) Be Clear About How You Got The Number

Start with a simple rule: don’t call numbers you can’t justify.

Before dialing, you should know whether the contact details came from:

• an enquiry or lead form (best case - clear expectation)
• an existing customer relationship (generally lower risk, but still respect opt-outs)
• a business directory (still consider whether the person would reasonably expect marketing calls)
• a purchased list (higher risk - due diligence is essential)

If you’re buying lists, you’ll want supplier warranties about lawful collection and consent (and you’ll still want your own checks).

2) Use A Script That Avoids Pressure And Misleading Claims

We’re not saying every call has to sound robotic - but a compliant script helps you avoid ad-lib claims that create legal exposure.

At minimum, your script should cover:

• your business name and who is speaking
• the purpose of the call (don’t disguise a sales call as “research” if it’s really sales)
• a respectful check-in (“Is now a bad time?” goes a long way)
• a clear next step (send info, book a time, provide a quote)

Also, make sure staff know what they can’t say (for example, exaggerated guarantees or claims about competitors).

3) Make Opting Out Easy (And Honour It Quickly)

If someone says:

• “Remove me from your list”
• “Don’t call again”
• “Stop contacting me”

…treat that as a serious instruction.

Practically, you should:

• record the opt-out immediately in your CRM
• ensure it applies across all channels (calls, SMS, email)
• avoid “cool down then try again” tactics (that’s where complaints happen)

This isn’t just about legal compliance - it’s how you protect your brand.

4) Be Careful With Follow-Ups (Especially SMS And Email)

A common workflow is:

• cold call
• “I’ll text/email you the details”
• send an offer or marketing sequence

That can be fine, but you should make sure the follow-up is consistent with what the person agreed to receive. If you’re moving into ongoing marketing, you’ll want a proper consent-based approach and clear unsubscribe options (especially for emails and SMS).

5) Train Your Team (And Keep Rules In Writing)

If you have staff making calls, your compliance “system” needs to be easy to follow.

That often means:

• documented scripts and claim guidelines
• a written escalation path (what to do if someone complains)
• role-specific onboarding and refreshers
• clear rules about customer data handling and CRM notes

From the employment side, it’s also smart to set expectations about conduct, confidentiality, and systems use in an Employment Contract.

Can You Record Sales Calls In New Zealand? (And What About Disclosures?)

Many businesses record calls for training, quality control, and “he said / she said” dispute protection. But you need to tread carefully - because call recording can trigger both legal and trust issues.

In New Zealand, whether call recording is lawful can depend on factors like who is doing the recording, how the recording is made, and what the recording is used for. Even where recording is lawful, it can still raise privacy compliance issues if you don’t handle the recording properly as personal information.

This article is general information only. If call recording is part of your telemarketing process, make sure you understand the compliance risks and good practice explained in call recording laws.

Practical Tips For Recording Calls

• Tell people early: a short disclosure like “This call may be recorded for quality and training purposes” is common.
• Have a reason: record for a legitimate business purpose (training, dispute resolution, compliance).
• Secure the recordings: treat recordings as sensitive data, restrict access, and keep them only as long as needed.
• Plan for access requests: individuals may ask for access to their personal information in some situations.

If you’re using recorded calls to form contracts (for example, verbal acceptance of pricing and terms), it’s even more important to have a consistent, compliant process.

Outsourcing Telemarketing Or Using Contractors: What Should You Put In Place?

Lots of small businesses outsource lead generation to a call centre, a freelance telemarketer, or an offshore team. It can work well - but you still need to protect your business legally.

Even if a third party makes the calls, your brand (and sometimes your business) can still wear the complaint if the messaging is aggressive or misleading.

Key Risks When Outsourcing Calls

• Non-compliant scripts (overpromising, misleading pricing, pressure tactics).
• Data handling issues (lists being reused, stored insecurely, or used for other clients).
• Unclear ownership of leads (who “owns” the customer data and whether they can contact them later).
• Reputational damage (bad calling practices reflect on you).

What To Include In Your Contractor Or Call Centre Agreement

At minimum, you’ll want a written agreement that covers:

• the scope of services (what they can and can’t do on calls)
• approved scripts and claims (and a requirement to follow them)
• confidentiality and data protection obligations
• lead ownership and permitted use of data
• reporting and record-keeping requirements
• indemnities / responsibility allocation if things go wrong

This is where a properly drafted Contractor Agreement can make your expectations clear and reduce risk.

If You’re Using A Third-Party Script Or Marketing Claims

Be careful about “plug and play” scripts or promises that aren’t tailored to your actual product.

If someone is telling leads that you:

• offer guarantees you don’t actually offer
• have certifications you don’t have
• can deliver within timelines you can’t meet

…you may end up dealing with disputes that are expensive to unwind.

Key Takeaways

• Cold calling is not “anything goes” - cold calling and telemarketing laws in New Zealand are shaped by privacy obligations, consumer protection rules, and marketing compliance requirements.
• The Privacy Act 2020 matters when you collect, store, use, or share phone numbers and lead information, especially if you’re buying lists or using a CRM.
• The Fair Trading Act 1986 is a major risk area for telemarketing, particularly around misleading claims, pricing representations, and the overall impression created during a sales call.
• If your telemarketing call results in an agreement with a consumer, you may also need to comply with the Unsolicited Direct Sales Act 2013, including any disclosure and cancellation (cooling-off) requirements that apply in the circumstances.
• If your campaign includes SMS or email follow-ups, make sure your approach aligns with New Zealand’s spam rules and includes clear unsubscribe options.
• Always implement a practical opt-out process - if someone says “don’t call again”, you should record it and honour it quickly across all channels.
• If you record calls, have a clear business reason, consider making an upfront disclosure, and store recordings securely as personal information.
• If you outsource telemarketing, put the right contract in place so scripts, data handling, and responsibilities are clear from day one.

If you’d like help setting up compliant telemarketing processes, reviewing your scripts, or putting the right contracts and privacy documents in place, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.