Online marketing is one of the fastest (and most cost-effective) ways to grow a business in New Zealand.
But the legal side can feel a bit murky - especially when you’re juggling a website, social media, email marketing, paid ads, influencers, and customer data all at once.
This guide is updated for current online marketing practices and expectations, so you can promote your business confidently while staying compliant with key New Zealand laws.
We’ll walk through the most common legal risk areas for digital marketing, what you need to have in place “from day one”, and the practical steps you can take to protect your brand as you scale.
What Laws Apply When You Market Your Business Online In New Zealand?
When you promote your business online, you’re usually doing at least one of these things:
- making claims about your product or service (advertising);
- collecting and using customer data (privacy);
- sending messages to customers (spam/direct marketing); and
- selling to consumers (consumer protections and fair trading).
That means the legal “baseline” for most businesses includes:
Fair Trading Act 1986 (Misleading Or Deceptive Conduct)
This is a big one for marketing.
In plain terms, you can’t mislead people - even unintentionally. Your ads, product pages, testimonials, pricing, “before and after” content, and influencer posts must be accurate and not likely to create a false impression.
Common problem areas we see include:
- Overstated results: “Guaranteed weight loss” or “double your revenue in 30 days” claims without a solid basis.
- Hidden conditions: advertising “$0 setup” when there are mandatory fees later in the checkout process.
- Limited-time urgency: countdown timers or “only 2 left” messages that aren’t genuine.
- Unclear sponsored content: influencer or affiliate posts that look like organic reviews.
If you’re unsure whether your marketing crosses the line, it’s worth getting advice early - fixing an ad after a complaint or investigation is usually more expensive than setting it up properly in the first place.
Consumer Guarantees Act 1993 (Promises You Can’t Contract Out Of)
If you sell to consumers, the Consumer Guarantees Act 1993 can apply automatically.
This matters for marketing because what you say publicly can become part of what customers rely on. If your website claims a product does something specific, and it doesn’t, you may be exposed not just to unhappy customers but also legal issues around remedies (repair, replacement, refund) depending on the situation.
Online stores should also think carefully about their refund messaging, “store credit only” language, and warranty statements so they align with NZ consumer law expectations.
Privacy Act 2020 (Customer Data And Online Tracking)
Most online marketing involves collecting personal information in some form, including:
- email addresses for newsletters;
- shipping details for orders;
- phone numbers for SMS campaigns;
- analytics identifiers and behaviour tracking (depending on your setup); and
- support tickets and DMs that reveal personal circumstances.
Even if you’re a small business, you’re expected to take privacy seriously - including being transparent about what you collect, why you collect it, and how you store and share it.
In practice, that usually means having a clear Privacy Policy and making sure your team (and your marketing tools) follow it.
Unsolicited Electronic Messages Act 2007 (Spam Rules)
If you do email marketing (or SMS marketing), you’ll need to think about “spam compliance”.
Generally, you need:
- consent (express or inferred in some situations);
- accurate sender information (so people know it’s you); and
- a functional unsubscribe option that actually works.
It’s easy to accidentally get this wrong when you start building mailing lists, running giveaways, or adding contacts from networking events - so it’s worth setting up a compliant process early.
How Do I Make Sure My Website Marketing Is Legally Compliant?
Your website is often your “home base” for online marketing - and it’s also where legal issues tend to show up first.
Here are the key areas to check.
Make Your Pricing And Offers Clear
Pricing issues can trigger complaints fast, especially if customers feel they’ve been lured in by an advertised price that doesn’t match the checkout price.
Practical steps include:
- showing prices in NZD (where relevant) and being clear about GST;
- clearly disclosing shipping costs and delivery timeframes;
- avoiding “drip pricing” where unavoidable fees appear late in the process; and
- making it obvious what’s included in bundles, subscriptions, or “starter kits”.
If you run discounts, make sure your “was/now” pricing and sale period claims are genuine and can be substantiated.
Use Website Terms That Match How You Actually Operate
Most websites need a baseline set of terms covering things like orders, payment, shipping, cancellations, acceptable use, and liability risk.
For many businesses, that’s done through Website Terms and Conditions that are written for your specific products, fulfilment model, and customer type (consumer vs B2B).
This is where generic templates can cause real trouble - for example, they might include terms that don’t fit NZ law, don’t match your actual process, or promise things you can’t realistically deliver.
Be Careful With Testimonials, Reviews, And “Results”
Social proof is powerful - but it must be used carefully.
Make sure:
- testimonials are real and you have permission to use them;
- you don’t edit customer statements in a way that changes the meaning;
- you disclose any incentives (e.g. a free product in exchange for a review); and
- you avoid implying results are typical if they’re not.
If you use “before and after” images, think about whether the images could create an unrealistic expectation. Industries like beauty, wellness and fitness can be particularly sensitive here.
Don’t Copy Content (Even If “Everyone Does It”)
It can be tempting to borrow product descriptions, blog posts, images, or icons you find online - but copyright issues are a common risk for growing businesses.
Practical ways to reduce risk include:
- using your own photos or properly licensed images;
- checking your designer and developer agreements clarify who owns the final assets; and
- keeping records of where your images, fonts, and music come from.
If you work with contractors or creatives, it’s also smart to make sure your contracts deal with ownership and usage rights properly, so you can keep using your marketing assets as your business grows.
Social media marketing is often where businesses grow fastest - and where problems can escalate quickly if something is misunderstood, reposted, or taken out of context.
The good news is you don’t need to be perfect. You just need systems and boundaries that keep your marketing honest and lawful.
Influencers And Brand Collaborations: Put It In Writing
If you’re paying an influencer (or even gifting products/services in exchange for exposure), you should treat it like a business arrangement.
A simple agreement can clarify:
- what content they’ll create (posts, stories, reels, TikToks, blogs, etc.);
- timing and approval rights (if any);
- whether they must disclose the partnership (usually yes);
- who owns the content and whether you can reuse it in ads; and
- what happens if the content isn’t delivered or causes reputational issues.
This is where an Influencer Agreement can be a practical way to protect your brand without making the process heavy or awkward.
User-Generated Content (UGC): Get Consent Before Reposting
Reposting customer photos and videos is great marketing - but you should still get permission.
Even if a customer tags you, it doesn’t automatically mean you can use their photo in paid ads or put it on your website permanently.
A clear permission process (even via DM, recorded properly) helps avoid disputes later, especially if the content features children, private locations, or sensitive situations.
Online Reviews: Respond Carefully And Don’t Overstep
Negative reviews can feel personal, but it’s important to respond professionally.
Key tips:
- avoid disclosing personal information about the customer when replying (privacy risk);
- don’t threaten legal action as a first response (it can backfire reputationally);
- avoid fake reviews or “review gating” practices that could be misleading; and
- document issues internally in case you need to escalate with the platform.
If you believe a review is false, you may have options - but it’s best to get advice before you respond in a way that creates more legal exposure.
Can I Email Or Text Customers? (Consent, Spam, And Privacy Basics)
Email marketing, SMS campaigns, and DMs are often where businesses get the best ROI - but they’re also areas where you need to be careful with consent, opt-outs, and how you handle customer data.
Build Your List The Right Way
As a general rule, you should avoid buying email lists or scraping email addresses from public sources.
Instead, focus on building your own list through:
- website forms with clear opt-in language;
- checkout tick boxes (careful: these should be optional and clearly worded);
- giveaways and lead magnets with transparent terms; and
- in-person collection where you record consent properly.
If you’re running promotions or giveaways, having proper Competition Terms and Conditions can help set expectations and reduce complaints (for example, around eligibility, prize delivery, and how you’ll use entrants’ information).
Make Unsubscribing Easy
Unsubscribe links shouldn’t be hidden or broken, and opting out shouldn’t require a login or a phone call.
It’s also smart to make sure your internal process is solid - for example, if someone unsubscribes from one list, are they still being added back in via a different tool?
Have A Clear Privacy Story (And Follow It)
Your marketing stack might include email platforms, CRM tools, analytics, booking systems, and payment providers.
From a privacy perspective, you should know:
- what personal information is being collected;
- where it’s stored (including overseas storage);
- who it’s shared with (service providers); and
- how long you keep it and how you protect it.
If you collect personal information, you’ll usually want to align your day-to-day practice with what your Privacy Policy says - because if the two don’t match, you can end up with both legal and trust issues.
What Legal Documents Help Protect Your Online Marketing As You Grow?
Marketing can feel “creative-first”, but the right legal documents are what make your growth sustainable.
Here are a few documents that commonly support online marketing in NZ businesses.
Brand Protection: Trade Marks And Naming
If you’re investing in a brand name, logo, or product range, you’ll want to think about trade mark protection early.
Without a registered trade mark, you may find yourself in a frustrating situation where:
- another business registers a similar name first;
- you get blocked on social handles or domain names;
- you need to rebrand after building recognition; or
- you can’t confidently stop copycats.
Trade marks aren’t just for big businesses - they’re often most valuable for smaller businesses that rely on brand reputation to compete.
If you’re ready to lock in your brand, Register Your Trade Mark is usually the key step.
Website And E-Commerce Terms (Customer-Facing)
Your online terms can help manage customer expectations and reduce disputes by setting clear rules around:
- orders and payment;
- delivery timeframes;
- returns and exchanges (within consumer law boundaries);
- subscription renewals and cancellation rules; and
- limitations of liability where appropriate.
For many businesses, E-Commerce Terms and Conditions are particularly important because they deal directly with online sales, fulfilment, and customer claims.
Contracting With Marketers, Designers, And Developers
When you hire someone to build your website, run ads, create content, or manage SEO, it’s worth having a written agreement that clearly covers:
- scope of work (what’s included vs excluded);
- fees, payment timing, and what happens if you pause the project;
- ownership of deliverables (ad creative, copy, designs, landing pages);
- confidentiality and data handling; and
- liability if something goes wrong (for example, ad account suspension due to non-compliant content).
Depending on the arrangement, this might be a service agreement, a contractor agreement, or a broader master services agreement.
If your marketing team is internal (employees rather than contractors), it’s also important that your Employment Contract properly covers duties, confidentiality, and ownership of work created during employment.
Privacy Documents And Internal Processes
Online marketing often means you’ll handle more personal information as you scale.
Alongside a Privacy Policy, many businesses eventually need clearer internal processes - such as who can access customer lists, how data is stored, and what happens if there’s a suspected data breach.
This isn’t just a “big business” issue. If you’re running campaigns, collaborating with agencies, or using multiple platforms, having a consistent privacy process can prevent mistakes.
Key Takeaways
- Online marketing in New Zealand is regulated by several key laws, including the Fair Trading Act 1986, Consumer Guarantees Act 1993, Privacy Act 2020, and spam rules under the Unsolicited Electronic Messages Act 2007.
- Make sure your advertising claims are accurate and can be backed up, especially around pricing, results, “limited time” offers, and testimonials.
- Your website should have properly drafted terms that match how you actually sell and deliver, particularly for e-commerce, subscriptions, and promotions.
- Influencer and collaboration deals are much safer when you put the arrangement in writing, including disclosure expectations and content usage rights.
- Email and SMS marketing should be built on clear consent, transparent sender details, and easy unsubscribe processes, supported by privacy-compliant data handling.
- Protecting your brand (including trade marks) and having the right customer-facing and contractor documents in place will help you scale with fewer disputes and less risk.
If you’d like help setting up your online marketing legally - from website terms and privacy compliance to influencer agreements and trade mark protection - you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
