When establishing or running a marketing business in New Zealand, it’s important to ensure you’ve met all the legal requirements. Our legal team specialises in helping small marketing businesses with all their legal needs, from contracts to intellectual property protection and privacy. Get in touch today!
To establish a marketing business in New Zealand, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the New Zealand Companies Office (https://companies-register.companiesoffice.govt.nz/).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place, in accordance with the Health and Safety at Work Act 2015.
- Complying with privacy and data protection policies and procedures, in line with the Privacy Act 2020.
- Obtaining a New Zealand Business Number (NZBN) and registering for Goods and Services Tax (GST) with Inland Revenue (https://www.ird.govt.nz/).
- Getting a Privacy Policy that is in line with the Privacy Act 2020 and the Information Privacy Principles.
Generally, as a business providing marketing services in New Zealand, you will need to have a Service Agreement that is specifically tailored to your business' requirements.
The agreement should detail the scope of your marketing services, IP ownership, termination rights, payment terms, and limitation of liability. These aspects will vary among businesses, so it's crucial to seek legal advice to ensure you're receiving adequate legal protection.
This will also help ensure that both you and your clients have a clear understanding of the specific services you're providing and how everything will be managed.
Several laws apply to your marketing business, such as the Privacy Act 1993. If you're collecting personal information from users and customers, you are legally required to have a Privacy Policy in place that discloses how you intend to collect, store, and distribute this data.
Furthermore, your representations to customers are regulated by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. These laws are designed to protect consumers from unfair business practices, such as misleading and deceptive conduct. As such, you want to make sure what you're saying about your marketing services is accurate and does not deceive the consumer.
There are other laws that could apply, such as the Companies Act 1993 (which regulates how you register your company) and the Employment Relations Act 2000 (which regulates your legal obligations to employees). Get in touch with our team to learn more.
