Are There Laws About What I Write On My Website? (2026 Updated)

When you’re building a website for your business, it’s easy to focus on the fun stuff first - your brand, your design, your products, and getting traffic through the door.

But once your website is live, everything you publish (including small print, product descriptions, claims in ads, testimonials, and even your “About” page) can have legal consequences in New Zealand.

This 2026 update reflects the current compliance expectations for online businesses, especially around privacy, advertising claims, and customer-facing terms. Don’t stress though - if you understand the key rules, you can publish confidently and reduce the risk of complaints, take-down demands, or disputes.

Below, we’ll walk through the main New Zealand laws and practical risk areas you should know about before you hit “publish”.

What Website Content Is Actually Regulated In New Zealand?

There isn’t one single “Website Law” in New Zealand. Instead, several laws apply depending on what you do online and what you say.

In practice, website content is regulated when it:

• Markets or advertises goods/services (including pricing and claims).
• Collects or uses personal information (like emails, enquiries, or analytics identifiers).
• Publishes content you don’t own (images, music, blog posts, product photos).
• Could harm someone’s reputation (defamation risks).
• Sets contract terms with customers (refunds, cancellations, subscriptions).

It’s also worth remembering that a website isn’t just a brochure anymore. For many businesses, your website is your storefront, sales assistant, booking system, and customer service desk - all at once. That means regulators and customers will treat what’s on your site as official business communication.

If your website includes online sales, booking functionality, subscription billing, or a member portal, it’s smart to have tailored Website Terms and Conditions that match how your business actually operates.

What Can I Legally Say About My Products Or Services?

Most “website content” legal risk for businesses comes down to advertising, promotions, and customer expectations.

In New Zealand, the Fair Trading Act 1986 is one of the most important laws for what you can (and can’t) say on your website. In plain terms, it stops businesses from misleading people in trade.

Common Website Statements That Can Trigger Fair Trading Act Issues

Even well-intentioned marketing can cross the line if it creates a false impression. Watch out for:

• Pricing claims: “Was $199, now $99” (if the “was” price wasn’t genuine or recent).
• Time pressure: “Only 2 left!” or “Sale ends tonight!” (if it doesn’t).
• Performance claims: “Guaranteed results” or “works in 7 days” (if you can’t back it up).
• “Best” or “#1” claims: especially if you imply an independent ranking or award.
• Country-of-origin statements: “Made in NZ” can be riskier than it looks if key components are imported.
• Testimonials and reviews: if they’re edited to change the meaning, cherry-picked in a misleading way, or not genuine.

A good rule of thumb is: if a customer relied on what you wrote and later found out it wasn’t true (or wasn’t the full story), you may have a problem.

Consumer Guarantees Still Apply (Even If You Try To Disclaim Them)

If you sell to consumers online, the Consumer Guarantees Act 1993 often applies automatically. This means your goods and services need to meet certain guarantees (like acceptable quality, fitness for purpose, and matching description).

One common mistake we see is websites trying to “contract out” of basic consumer rights with lines like:

• “No refunds under any circumstances.”
• “All sales are final.”
• “We are not responsible for faults.”

Depending on your situation, these statements can be unenforceable - and they can also create reputational issues when customers push back.

If you sell online, having properly drafted E-Commerce Terms and Conditions can help you set clear expectations around delivery timeframes, returns processes, cancellations, and limitations that are actually lawful.

Do I Need A Privacy Policy If I Collect Emails Or Use Analytics?

In most cases, yes.

If your website collects personal information - even something as simple as a name and email address in a contact form - you need to think about the Privacy Act 2020.

Personal information isn’t just “sensitive” data like medical records. It can include:

• Names, emails, phone numbers and addresses.
• IP addresses and device identifiers (depending on context).
• Customer purchase history.
• Enquiry messages (which often contain personal details).
• Booking and appointment information.

What Your Website Should Tell People (In Plain English)

The Privacy Act focuses heavily on transparency. A customer should be able to understand:

• What information you collect.
• Why you collect it.
• How you store and protect it.
• Who you share it with (for example, email marketing tools, payment providers, couriers).
• Whether it’s sent overseas (many SaaS tools host data outside NZ).
• How they can access or correct it.

This is where a clear Privacy Policy becomes part of your website’s “legal foundations”.

Cookies, Tracking And Email Marketing

If you use tracking tools (like Meta Pixel, Google Analytics, or remarketing tags), be careful about what’s happening behind the scenes. Even if you’re not directly collecting a person’s name, you may still be collecting data that can be linked back to an individual.

And if your site has a newsletter sign-up, make sure your email marketing follows New Zealand’s anti-spam rules (and that your sign-up language is clear about what people are subscribing to). If you’re running campaigns, it’s worth reviewing common traps covered in email marketing laws.

Privacy compliance doesn’t need to be complicated, but it does need to be intentional - and aligned with what your website actually does.

Can I Use Images, Fonts, And Content I Find Online?

This is where a lot of business owners get caught out, especially when launching quickly.

Just because something is publicly available online doesn’t mean it’s free to use. In many cases, your use could breach copyright or trade mark rights.

Copyright Basics (What You Need To Know)

Copyright can protect things like:

• Photos and graphics (including product photos taken by someone else).
• Website copy, blog posts, PDFs, and course content.
• Music, video footage, and animations.
• Software code (including templates, themes, and plugins where licence terms apply).

If you’re using stock images or templates, make sure you comply with the relevant licence terms. If you’ve hired a designer, photographer, or developer, it’s also worth checking that your agreement clearly covers who owns the IP and what you’re allowed to do with it. This is a common gap when businesses use informal arrangements or email-only “agreements”.

And if your brand includes a name, tagline, logo, or product line you want to protect long-term, trade mark strategy matters too. Online businesses are particularly exposed because your brand is visible everywhere, fast.

Defamation And “Calling Someone Out” Online

Sometimes website content isn’t just marketing - it can be commentary. For example, you might want to publish:

• A blog post about a competitor’s conduct.
• A warning about a supplier, former contractor, or customer.
• A “blacklist” or “do not work with” page.

This is high-risk territory. Defamation law in New Zealand can apply to online statements that harm someone’s reputation, even if you believe what you’re saying is true. Defences can be complex and very fact-specific.

As a practical approach: if you’re angry enough to publish it, pause and get advice before you do. A short conversation with a lawyer can save you a long dispute later.

What Legal Pages Should My Website Include?

The right legal pages for your website depend on how you operate, what you sell, and how you interact with customers.

That said, there are a few “usual suspects” that most NZ business websites should consider.

1. Terms And Conditions (Or Terms Of Use)

Website terms help set expectations about how your site can be used and what happens when someone buys from you, books with you, or creates an account.

Depending on your website, your terms might cover:

• Payment terms (including recurring billing and failed payments).
• Delivery and shipping rules.
• Returns, refunds, and exchanges processes.
• Cancellations and rescheduling (especially for bookings).
• Acceptable use rules (for communities, reviews, user-generated content).
• IP ownership of your content and branding.
• Limitations of liability (where legally allowed).

If you want one set of terms that fits a typical business website, Terms of Use can be a good starting point - but they still need to match what your site actually does.

2. Privacy Policy

If your website collects personal information (directly or indirectly), you’ll usually need a Privacy Policy that meets the Privacy Act 2020 expectations, as mentioned above.

3. Cookie Notices (When Relevant)

Cookie banners and pop-ups aren’t just a “European law thing” anymore. Even in NZ, the direction of travel is towards clearer disclosure and more user understanding, especially when third-party tracking is involved.

A pop-up alone won’t fix privacy compliance if the rest of your practices don’t line up, but it can be a helpful part of transparency.

4. Refund / Returns Information

Even if you also include it in your terms, having a plain-language returns and refunds page reduces disputes and chargebacks because customers can quickly see what to do.

This is particularly important if you sell online, take pre-orders, or provide time-based services.

5. Disclaimers (In The Right Context)

If your site provides information that people might rely on - especially in health, finance, legal, or technical areas - a disclaimer can help set boundaries around what you’re offering.

But disclaimers aren’t magic. If your core advertising is misleading, a footer disclaimer won’t necessarily “cancel that out”. You still need to make sure your main claims are accurate and not misleading in the first place.

If disclaimers are relevant to your website content, having a tailored Disclaimer can help you manage risk while still communicating clearly.

How Do I Reduce Risk When Publishing New Website Copy?

Website compliance isn’t a one-time task. Most legal issues happen when websites evolve - new landing pages, new offers, new “limited time” promotions, new lead magnets, new automation tools.

Here are practical ways to reduce risk when publishing or updating content.

Use A Simple “Pre-Publish” Checklist

• Can we prove this claim? If you can’t back it up, soften it or remove it.
• Is the pricing clear? Include GST wording where relevant, and avoid hidden fees.
• Is anything likely to mislead? Consider how a new customer (not you) would read it.
• Do our terms match the customer journey? For example, do you actually allow cancellations like you say you do?
• Are we collecting new data? New forms, new tracking tools, new integrations can create privacy obligations.
• Are we using third-party content? Double-check licences and permission.

Be Careful With “Templates” For Legal Text

It’s tempting to copy a competitor’s terms, grab a free privacy policy generator, or paste clauses from a US-based template.

The problem is that legal documents need to match:

• Your actual business practices.
• New Zealand law (not overseas assumptions).
• Your risk areas (for example, subscriptions, digital products, health services, marketplaces).

If your terms don’t reflect how your business really runs, you can end up with the worst of both worlds: customers are confused, and your “legal protection” doesn’t protect you when it matters.

Think About The Behind-The-Scenes Contracts Too

Your website is customer-facing, but it often relies on contractors and service providers in the background (developers, designers, marketing consultants, IT support).

If you’re outsourcing any part of your site build or ongoing marketing, it’s worth having the right agreement in place so you’re clear on scope, timelines, IP ownership, liability, and handover. Many businesses cover this with a Service Agreement, especially where deliverables or ongoing support are involved.

And if you’re hiring staff to run your online operations (customer service, content creation, sales), your internal documents matter too. An Employment Contract can help set expectations around duties, confidentiality, and use of company accounts - which can become crucial if someone leaves and disputes access or ownership of content.

Key Takeaways

• In New Zealand, what you write on your website can be regulated by laws like the Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020, depending on what your site does.
• Marketing claims, pricing statements, “limited time” offers, testimonials, and product descriptions are common risk areas - and need to be accurate and not misleading.
• If your website collects personal information (including contact forms and many analytics tools), you should be transparent about how data is collected, used, stored, and shared, usually through a clear Privacy Policy.
• Using images, copy, music, or other content found online can create copyright and IP risks, so you should only use content you own or have permission/licences to use.
• Most websites benefit from tailored Terms and Conditions (or Terms of Use), plus clear consumer-facing policies around refunds, returns, cancellations, and delivery.
• Legal protection works best when your website terms and policies match your real customer journey - copying templates or competitors can leave gaps that cause disputes later.

If you’d like help getting your website legals set up properly - or you’re not sure whether your current copy, terms, or privacy practices are compliant - you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.