Influencer Marketing In New Zealand: Legal Essentials

Influencer marketing can be a smart, cost-effective way to grow your brand in New Zealand. It’s often faster than building an audience from scratch, and it can put your product or service in front of the right customers in a way that feels authentic.

But there’s a catch: once money, free products, discount codes, affiliate links, or “paid partnerships” are involved, you’re no longer just doing casual social media. You’re advertising.

That means your influencer marketing campaigns need the right legal foundations from day one. Getting this right isn’t about being overly cautious - it’s about protecting your business, reducing disputes, and keeping your marketing compliant (so you can scale confidently).

What Counts As Influencer Marketing (And Why The Law Cares)

Influencer marketing is where your business partners with a creator (an “influencer”) to promote your brand, product, or service to their audience. In practice, that might look like:

• a paid post or video featuring your product
• an “unboxing” or review in exchange for free product
• a discount code or affiliate link where the influencer earns commission
• a brand ambassadorship over a fixed period
• content creation that you later reuse on your own ads and website

From a legal perspective, influencer marketing matters because it usually involves:

• advertising claims (what’s promised about your product/service)
• contracts (what the influencer must deliver, and when)
• intellectual property (who owns the content and how you can use it)
• privacy (especially if you’re collecting personal information through campaigns)

Even if your influencer is “just posting to their followers”, your business can still be responsible for how that promotion is done - particularly if the content is misleading, not properly disclosed as advertising, or breaches someone else’s rights.

What Laws Apply To Influencer Marketing In New Zealand?

Influencer marketing sits across a few legal areas. You don’t need to memorise the legislation, but you do need to know what it expects from you in plain English.

Fair Trading Act 1986 (Misleading Or Deceptive Conduct)

The Fair Trading Act 1986 is a big one. In simple terms, it means your advertising (including influencer content promoting you) must not mislead customers or create a false impression.

Common risk areas in influencer marketing include:

• overstated results (e.g. “this will guarantee X outcome”)
• before-and-after claims that don’t reflect typical results
• fake urgency (e.g. “only 10 left” when that’s not true)
• unclear pricing or extra costs not disclosed
• edited content that implies an effect your product didn’t actually produce

It’s not enough to think “the influencer wrote it, not us”. If it’s your campaign and your commercial relationship, your business can still wear the risk.

Consumer Guarantees Act 1993 (Promises You Can Actually Deliver)

If you sell to consumers in New Zealand, the Consumer Guarantees Act 1993 will often apply. That matters because influencer marketing tends to create expectations - and those expectations can become disputes if your product doesn’t match what was promoted.

For example, if an influencer claims your product is “waterproof”, or “safe for sensitive skin”, or “delivered in 24 hours”, you want to be confident you can back that up.

Unfair Contract Terms And Your Online Sales T&Cs

If influencer marketing is driving customers to your website, make sure your checkout experience, refund messaging, and customer communications are consistent with the promises in your campaign.

It can also be a good time to tighten up your customer-facing terms and disclaimers, so you’re setting expectations clearly (especially around delivery timeframes, subscription renewals, digital products, or limited stock promotions).

It’s also worth noting that New Zealand’s unfair contract terms regime is part of the Fair Trading Act 1986 and is mainly relevant where you use standard-form consumer contracts. If your online terms are standard-form (as many are), it’s important they’re written fairly and clearly, and don’t include terms that could be considered “unfair”.

Privacy Act 2020 (If Your Campaign Collects Personal Information)

Influencer marketing often involves lead generation - for example, running a giveaway, collecting email addresses, or using a landing page to capture sign-ups.

If you’re collecting personal information, you should be thinking about the Privacy Act 2020 and having a clear Privacy Policy in place that matches what you’re actually doing.

Some practical privacy questions to check:

• Are you collecting names, emails, phone numbers, delivery addresses, or birth dates?
• Are you using that information for marketing later?
• Are you sharing the data with the influencer or a platform provider?
• Are you storing it securely and limiting who can access it?

This is one of those areas where “we didn’t think about it” can quickly turn into customer complaints (or a very awkward clean-up job).

Advertising Standards Authority Codes (Disclosure And Social Media Advertising)

In New Zealand, influencer marketing is also guided by self-regulatory advertising standards, including the Advertising Standards Authority (ASA) codes (such as the Advertising Standards Code and the Influencer Marketing Guidance). These aren’t legislation, but they are widely followed across the industry, and complaints can be made if ads (including influencer posts) aren’t clearly identifiable or are misleading.

As a practical takeaway: treat sponsored or incentivised influencer posts as ads, make sure disclosure is prominent, and avoid claims you can’t substantiate.

Do I Need A Contract For Influencer Marketing?

Yes - in most cases, you’ll want an influencer agreement in writing, even if the relationship feels informal.

If you’re paying money, giving free product, offering commission, or relying on the influencer to meet specific deliverables, you’re taking on real commercial risk. A contract helps you manage that risk upfront.

Depending on the arrangement, your influencer contract might be structured as:

• a standalone influencer agreement
• a Service Agreement (where the influencer is providing marketing/content services)
• a broader marketing services agreement if there are multiple creators and deliverables

What Should An Influencer Agreement Cover?

A strong influencer agreement usually covers the practical details and the legal protections. For small businesses and startups, we typically recommend you cover:

• Deliverables: what content will be posted (format, number of posts, stories, videos, livestreams).
• Content requirements: branding, key messages, required hashtags, required links, discount codes, and any “do not say” topics.
• Approval process: whether you can review content before it goes live, and how quickly approvals must happen.
• Timing: posting schedule, campaign dates, and what happens if posts are late.
• Payment and value exchange: fees, commission, gifted products, shipping, and what happens if deliverables aren’t met.
• Disclosure obligations: clear obligations to disclose sponsored content (more on this below).
• Exclusivity: whether they can promote competitor products during (or after) the campaign.
• Morals and conduct clause: what happens if the influencer posts content that damages your brand or breaches the law.
• Termination: how either side can end the relationship, and the consequences (payment, removal of content, return of product, etc.).
• Intellectual property: who owns the content, and what you’re allowed to do with it.

If you’re building a growth strategy around influencer marketing, this is one of the easiest ways to avoid painful disputes later - especially around content usage rights and payment.

What If The Influencer Is Really An Employee Or A Contractor?

Sometimes a “creator relationship” looks a lot like an ongoing role - for example, they post regularly on your schedule, use your equipment, attend your workplace, and take direction like staff.

If the relationship is actually employment, you may need an Employment Contract (and to meet employment obligations like leave and PAYE). If it’s a true contractor arrangement, your contract should clearly reflect that.

This classification can get tricky, so it’s worth getting advice early if you’re doing long-term brand ambassador arrangements.

How Do I Stay Compliant With Disclosures And Advertising Rules?

One of the biggest compliance risks in influencer marketing is unclear disclosure. In other words: customers should be able to tell when something is an ad.

Even if your influencer genuinely loves your product, if there’s a commercial relationship (payment, gifting, commission, or another benefit), it’s safest to treat the post as advertising and require clear disclosure.

What Does “Clear Disclosure” Look Like?

Disclosure should be easy to notice and understand. It shouldn’t be buried in a long list of hashtags or hidden where people won’t see it.

As a practical starting point, your influencer agreement should require disclosure such as:

• #ad or #paidpartnership (where relevant)
• clear language like “Paid partnership with ”
• disclosure early in captions (not at the very end)
• spoken disclosure in videos where the promotion is presented verbally

Why does this matter? Because if followers think an endorsement is independent but it’s actually paid, that can become misleading - and misleading advertising is exactly what the Fair Trading Act is designed to prevent.

Be Careful With “Results” And “Comparisons”

Another common trap is letting influencers make big claims without evidence. If your influencer says your product “cures”, “prevents”, or “guarantees” a result, you may be stepping into a high-risk zone.

A safer approach is to:

• give the influencer a list of approved claims and language they can use
• avoid absolute statements (like “works for everyone”)
• be cautious with testimonials and “before/after” content
• require the influencer to send you drafts for approval for higher-risk products

If you sell products in regulated areas (like health, wellness, supplements, or anything where safety claims matter), get specific advice before launching a campaign.

Who Owns The Content (And Can You Reuse It In Ads)?

This is where many businesses get caught out. You pay an influencer to create content, you love it, and you want to repost it everywhere - on your website, in paid ads, on email campaigns, even on packaging.

But unless your agreement is clear, you may not automatically have the right to do that.

Influencer content typically involves intellectual property rights (like copyright). In many cases:

• the influencer owns the content they create, unless rights are assigned or licensed to you
• you might only have an implied right to use it in a limited way (e.g. reposting once on your own social account)
• using the content in paid advertising is a different (and higher-value) use that should be expressly permitted

What Content Rights Should You Ask For?

Your contract should spell out what rights you get, for example:

• organic reposting rights (sharing on your social media)
• paid usage rights (using in ads across platforms)
• whitelisting / boosted posts (where your business promotes content through the influencer’s account)
• website and EDM usage (using on landing pages and marketing emails)
• duration (how long you can use the content)
• territory (NZ only vs global)
• editing rights (can you crop, subtitle, or change the format?)

If you want maximum flexibility, you might negotiate an assignment of rights, or a broad licence. What’s appropriate depends on your budget and your campaign strategy.

If you’re also building a wider brand ecosystem (for example, a platform, app, or online community tied to influencer marketing), it can help to tighten up your Website Terms And Conditions so content and user interactions are governed clearly.

What Are The Biggest Legal Risks (And How Do You Avoid Them)?

Influencer marketing can be low-risk when it’s run well - but when it goes wrong, it can go wrong quickly and publicly. Here are the main legal pressure points we see for small businesses and startups.

1. Paying For Deliverables That Never Happen

If you’ve ever had an influencer “go quiet” after receiving product or payment, you’ll know why a clear agreement matters.

To reduce this risk, include:

• clear deliverables and deadlines
• milestone payments (e.g. partial payment after posting)
• an obligation to return gifted product (where appropriate) if deliverables aren’t provided
• termination rights if content isn’t delivered

2. Brand Damage And Reputation Issues

Influencers are independent creators. That’s part of the value - but it also means they can post content that conflicts with your brand values or triggers backlash.

A well-drafted contract can help by including conduct expectations and what happens if their behaviour causes reputational harm.

3. Misleading Claims And Regulatory Complaints

If an influencer makes claims your business can’t substantiate, you’re exposed under the Fair Trading Act. This is why you should set clear guidance on what can and can’t be said.

It’s also why you should be cautious with “scripts” and “guarantees” - you want authentic content, but you still need compliant marketing.

4. Disputes About Content Ownership And Usage Rights

This is extremely common. Businesses assume “we paid for it, so we own it”. Influencers assume “I created it, so I own it”. Both sides feel reasonable - but unless the contract is clear, you can end up in a messy dispute.

Spelling out content rights upfront is the simplest fix.

5. Conflicts Of Interest And Exclusivity Issues

If the influencer posts for a competitor during your campaign, it can dilute your marketing spend and confuse customers.

You can manage this by:

• including an exclusivity clause for a defined period
• clearly defining “competitor” (so it’s not overly broad)
• including disclosure requirements for competing promotions after your campaign

If you’re also working with agencies or multiple partners, it may be worth having a strong Non-Disclosure Agreement in place before you share marketing plans, launch calendars, or product roadmaps.

Key Takeaways

• Influencer marketing is advertising, so your campaigns need to comply with laws like the Fair Trading Act 1986 and (often) the Consumer Guarantees Act 1993.
• A written influencer agreement helps protect your business by setting clear deliverables, payment terms, posting timelines, and what happens if things don’t go to plan.
• Make disclosure non-negotiable - if there’s payment, gifting, or commission involved, require clear disclosure that the content is an ad or partnership.
• Don’t assume you automatically own influencer content; your contract should clearly cover intellectual property and content usage rights (especially if you want to use the content in paid ads).
• If your campaign collects customer details (like emails for giveaways), make sure your Privacy Policy and data practices align with the Privacy Act 2020.
• If an influencer relationship starts to look like a long-term role with heavy direction and control, check whether you need an Employment Contract or a properly structured contractor arrangement.

If you’d like help setting up an influencer agreement, reviewing a campaign for advertising compliance, or making sure you’re protected from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.