Marketing Laws And Regulations In New Zealand

Marketing is one of the fastest ways to grow your business - but it’s also one of the easiest places to accidentally cross a legal line.

Maybe you’re running ads on social media, sending email campaigns, offering “limited time” discounts, working with influencers, or collecting customer details through your website. It all feels like normal day-to-day marketing. But in New Zealand, there are specific rules around what you can say, how you can say it, and what you can do with customer data.

This guide breaks down key marketing laws and regulations in New Zealand that small businesses should understand so you can promote confidently, avoid complaints, and protect your brand from day one.

Note: This article is general information only and isn’t legal advice. If you want advice tailored to your business, it’s best to speak with a lawyer.

What Counts As “Marketing” (And Why The Law Cares)?

When we talk about marketing, we’re not just talking about glossy advertising campaigns. For small businesses, “marketing” often includes:

• Website claims (including landing pages and FAQs)
• Social media posts, reels, stories and paid ads
• Email newsletters and SMS marketing
• Discount promotions (“was/now” pricing, bundles, freebies)
• Customer reviews and testimonials
• Influencer partnerships and affiliate marketing
• Giveaways and competitions
• Packaging, labels and product descriptions

The law cares about marketing because it directly affects consumer decisions. If your advertising misleads people, or your pricing isn’t clear, or you collect customer details without the right privacy steps, you can quickly end up facing:

• Customer complaints or refund disputes
• Platform takedowns (ads rejected, accounts restricted)
• Damage to your reputation and reviews
• Regulatory attention (depending on the issue)
• Contract disputes with partners or suppliers

Getting the legal foundations right early is a lot easier than trying to fix a problem after a promotion has already gone live.

The Core Marketing Laws And Regulations In New Zealand

There isn’t one single “marketing law” in New Zealand. Instead, your marketing activities are regulated through a few key legal areas that work together.

Fair Trading Act 1986 (Misleading And Deceptive Conduct)

The Fair Trading Act 1986 is the big one for marketing. In plain terms, it means you must not mislead customers - even unintentionally.

This can apply to:

• False or exaggerated claims about what your product/service can do
• Misleading pricing (including fake “discounts”)
• Misleading “limited availability” or “urgent” claims
• Misleading claims about endorsements, reviews, or “as seen in” statements
• Comparisons with competitors that aren’t accurate or fair

Importantly, the test is often about the overall impression your marketing creates, not whether you technically used certain words.

If you’re not sure whether a claim is safe, a good rule of thumb is: if a reasonable customer could rely on it when deciding to buy, then it needs to be accurate and supportable.

Consumer Guarantees Act 1993 (Promises You Can’t Ignore)

Even if your marketing is not “misleading”, it can still create expectations that become hard to walk back later. Under the Consumer Guarantees Act 1993, products and services provided to consumers come with certain guarantees (like acceptable quality and being fit for purpose).

From a marketing angle, this matters because:

• Your advertising can influence what customers think is “fit for purpose”
• If you claim something lasts a certain time or has a certain feature, customers may rely on that as part of the “guarantee” expectations
• “No refunds” or “all sales final” wording can be risky if you’re selling to consumers

Marketing and customer service should line up. If your ads promise a “hassle-free returns process” but your actual process is difficult or unclear, you can quickly run into disputes (and reputational issues).

Privacy Act 2020 (Customer Data And Marketing Lists)

If you’re collecting customer details for marketing - even something as simple as emails for a newsletter - the Privacy Act 2020 is relevant.

Common “small business” scenarios include:

• Collecting email addresses through a website form
• Running a giveaway that asks for name + email + phone number
• Building retargeting audiences using tracking technologies
• Storing customer notes in your CRM
• Using customer testimonials with identifying details

At a practical level, you generally want to make sure you:

• Only collect information you actually need
• Tell people why you’re collecting it and how you’ll use it
• Store it securely and limit who can access it
• Have a clear process for access/correction requests

For many businesses, having a clear Privacy Policy is a simple but important step, especially if you’re using your website as a core marketing channel.

Unsolicited Electronic Messages Act 2007 (Spam Rules)

If your marketing includes email and text messages, you also need to think about New Zealand’s spam rules under the Unsolicited Electronic Messages Act 2007.

While the details depend on your exact situation, the key practical principles for many small businesses are:

• Consent matters: if you’re emailing people marketing content, you should have a clear basis to do so
• Identification matters: marketing emails should clearly identify your business
• Unsubscribe matters: include a functional unsubscribe option and respect it promptly

If you’re buying lists or scraping emails, that’s a major red flag. It can also be a quick way to damage your sender reputation, even before legal issues arise.

Advertising Standards (ASA Codes And Platform Policies)

In practice, many day-to-day marketing complaints in New Zealand also reference the Advertising Standards Authority (ASA) codes. These codes aren’t the same as legislation, but they can still create real commercial risk - for example, reputational harm, takedown requests, and having to pull or amend campaigns.

It’s also worth remembering that platforms (like Meta, Google, TikTok and email service providers) have their own advertising and content rules. Even if something is technically lawful, it may still be rejected or removed for breaching platform policies.

Industry-Specific Rules (Health, Financial, Alcohol, Therapeutic Claims)

Some industries have extra restrictions on what you can advertise and how. For example:

• Health-related products and “therapeutic” claims
• Financial services marketing
• Alcohol promotions
• Regulated products (including certain supplements or medicines)

If your business sits in a regulated space, it’s worth getting tailored advice before you run big campaigns - especially if your marketing relies on performance claims (“cures”, “treats”, “guaranteed results”, “clinically proven”).

Common Marketing Compliance Traps For Small Businesses

Most marketing problems don’t come from “bad” businesses. They usually happen because marketing moves fast - and the legal checks don’t keep up.

Here are a few of the big traps we often see for small businesses.

“Was/Now” Pricing And Discounts That Aren’t Real

Discount marketing is powerful, but it needs to be genuine. If you advertise a product as “$199, now $99”, customers will assume $199 was a real price for a reasonable period, not a temporary number you set just to create a bigger discount.

To reduce risk, keep good records of:

• When the “was” price applied
• How long it applied
• Whether it was the genuine usual selling price

Also be careful with “sitewide sale” language if there are exclusions that aren’t clearly disclosed.

Limited Time Offers, Scarcity And Urgency Claims

Countdown timers, “only 3 left”, “sale ends tonight”, and “last chance” promotions are common online - but they can create legal issues if the urgency isn’t real.

If the offer is constantly extended or the stock claims are not accurate, it can be considered misleading under the Fair Trading Act.

Testimonials, Reviews And “Before And After” Results

Testimonials and reviews can be great marketing assets - but they’re also an area where misleading impressions can occur, especially with results-based services (fitness, beauty, consulting, coaching, training, etc.).

Good habits include:

• Only using real testimonials from real customers
• Not editing testimonials in a way that changes the meaning
• Avoiding testimonials that imply typical results if they’re actually exceptional outcomes
• Having permission to use a customer’s name, photo, or identifying details

If you use customer images or videos in marketing, it’s also worth considering a Model Release Form (especially where the person is clearly identifiable).

“Guaranteed” Claims And Overpromising

Words like “guaranteed”, “perfect”, “risk-free”, “will”, “always” and “never” tend to create legal risk because they leave little room for exceptions.

If you’re making strong claims, make sure you can back them up with evidence (and that your terms, policies and delivery processes actually match what’s being advertised).

Auto-Renewing Subscriptions And Recurring Charges

If you sell subscriptions (memberships, software, ongoing services, monthly boxes), your marketing needs to be crystal clear about:

• Pricing and billing frequency
• Minimum term (if any)
• Cancellation process
• What happens after a free trial

This is where having properly drafted Subscription Terms (and making sure your marketing is consistent with them) can save you a lot of headaches.

Online Marketing: Website, Social Media, Influencers And Tracking

Online marketing is often where small businesses grow the fastest - and where compliance gets overlooked the easiest.

Your Website Claims Should Match Your Legal Terms

Your website is a marketing tool, but it’s also where customers form expectations and decide whether to buy. To stay consistent, make sure your website content matches your:

• Pricing and delivery approach
• Returns and exchanges information
• Booking or cancellation rules
• Service inclusions/exclusions

If you sell online, it’s common to use Website Terms And Conditions to set out the legal ground rules (and reduce disputes when something goes wrong).

Influencer And Affiliate Marketing Needs Clear Agreements

If you pay (or gift) products to creators to promote your brand, don’t treat it as a casual “handshake deal”. You’ll want clarity on:

• Deliverables (posts, stories, usage rights, timelines)
• Approval processes (what you can request changes to)
• Content standards (brand-safe messaging, no misleading claims)
• Disclosure expectations (so audiences aren’t misled)

A clear Influencer Agreement can help you keep control of your marketing message while reducing the risk of disputes about what was promised.

Tracking, Cookies And Retargeting

If you use website analytics, pixels, or retargeting tools, you’re likely collecting (or receiving) information that can be personal information, depending on what’s captured and how it can be linked to individuals.

From a practical point of view, it’s smart to:

• Be transparent about your tracking practices
• Review what third-party tools you use and what they collect
• Make sure your privacy documentation reflects reality

In New Zealand, cookie banners aren’t always legally “mandatory” in the same way they can be in some overseas jurisdictions. However, transparency still matters under the Privacy Act, and consent may still be the best approach depending on what data you collect, how it’s used (including for targeted advertising), and whether you deal with customers overseas. If your website uses cookies or similar tracking technologies, a cookie pop-up approach may be relevant depending on your audience and how you operate.

Competitions, Giveaways And Promotions: How To Run Them Safely

Giveaways are a popular way for small businesses to build email lists and grow engagement - but they can become messy if the rules aren’t clear.

Even when a promotion is simple (“tag a friend to win”), you should still think about:

• How to enter and who is eligible (age, location, employees excluded, etc.)
• Start and end dates (including time zone)
• How winners are chosen and contacted
• What the prize is (and any conditions, like expiry dates)
• How you will handle disputes or unexpected outcomes
• How you’ll use entrants’ personal information

Having proper Competition Terms And Conditions helps set expectations upfront and reduces the chance of being accused of unfair or misleading conduct.

As a bonus, clear terms also make your promotion easier to run - because you’re not deciding rules on the fly once people start entering.

What Legal Documents Help Support Compliant Marketing?

Marketing compliance isn’t only about what you say. It’s also about whether your business has the right documents and processes to back it up.

Depending on how you market and sell, common documents that support compliant marketing include:

• Website Terms: sets out purchasing rules, limits, delivery expectations and dispute processes
• Privacy Policy: explains how you collect, use, store and disclose customer data
• Competition terms: sets rules for promotions and giveaways
• Influencer/affiliate agreements: sets deliverables and control of brand messaging
• Customer contracts: particularly for services, retainers, or custom work

It’s tempting to grab templates online - but marketing-related disputes often come down to the details. A policy that doesn’t match what you actually do, or terms that don’t fit your business model, can create more problems than it solves.

If your business is scaling, it’s worth treating your marketing documents as part of your “growth infrastructure” - just like accounting systems or stock management.

Key Takeaways

• The main marketing laws and regulations in New Zealand for small businesses often include the Fair Trading Act 1986, Consumer Guarantees Act 1993, Privacy Act 2020, and spam rules under the Unsolicited Electronic Messages Act 2007.
• Marketing compliance usually comes down to one core principle: don’t create a misleading overall impression, including through pricing, urgency claims, or exaggerated results.
• Your marketing claims should match what your business can actually deliver - and align with your website terms, refund approach, and customer processes.
• If you collect customer information for marketing (email lists, giveaways, tracking), you should be transparent, collect only what you need, and protect that information properly.
• Giveaways and competitions should have clear rules upfront to reduce disputes and avoid accusations of unfairness or misleading conduct.
• Influencer and affiliate marketing should be supported by clear agreements so you can control deliverables, messaging standards, and brand risk.
• Alongside legislation, it’s also worth considering Advertising Standards Authority (ASA) codes and platform advertising rules, which can affect what you can run (and what might be taken down).
• Getting the right legal documents in place early helps you market confidently and scale without constant firefighting.

If you’d like help reviewing your advertising, setting up your marketing terms, or putting the right documents in place, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.