Cold Calling Laws in New Zealand

Which laws cover cold calling in New Zealand?

• The Privacy Act 2020, which covers how you collect, use and store a contact's details.
• The Fair Trading Act 1986, which bans misleading conduct in trade and adds rules for uninvited direct sales to consumers.
• The Unsolicited Electronic Messages Act 2007, which covers marketing emails and texts. Its Schedule excludes voice calls, including recorded ones.
• The Marketing Association's Do Not Call service, a voluntary industry register rather than a law.

Is B2B cold calling legal in New Zealand?

Yes. The Do Not Call service doesn't extend to businesses, and the uninvited direct sales rules protect consumers, not companies buying for their business. What still applies to every call is the Fair Trading Act's ban on misleading claims, and the Privacy Act for the details you hold on named contacts.

Is there a do not call register in New Zealand?

Not a government one. The Marketing Association runs a free Do Not Call service where people can register a home or mobile number. It doesn't cover business numbers, and it's voluntary for marketers: not every company subscribes, and it can't stop calls from overseas.

Checking personal numbers against it is still good practice, because people on it have said clearly that they don't want sales calls.

Selling to consumers by phone

Under section 36K of the Fair Trading Act, a sale is an uninvited direct sale when it's negotiated by phone or at the consumer's home and the consumer didn't ask to be approached. For sales over $100, the consumer gets a 5-working-day cooling-off period, you must tell them about it out loud before they agree, and a summary of their cancellation rights must be on the front page of the agreement.

Consumer NZ puts the penalties for breaking these rules at up to $10,000 for an individual and $30,000 for a company.

The Privacy Act and your call list

A contact's name and direct number are personal information under the Privacy Act 2020. Collect only what you need for a clear purpose, tell people who you are and why you're contacting them, and keep the details secure. Whatever the law requires, stop calling anyone who asks you to.

Texts and emails after the call

If you follow up a call by email or text, the Unsolicited Electronic Messages Act 2007 applies: commercial emails and texts need the recipient's consent, accurate details of who sent them and a working way to unsubscribe.

Before you call New Zealand businesses: a checklist

• Call business numbers, and check any personal numbers against the Do Not Call service.
• Say who you are and who you're calling for at the start of the call.
• Keep every claim about price, terms and results accurate.
• If you sell to consumers by phone, explain the 5-working-day cooling-off period before they agree.
• Stop calling anyone who asks, and get consent before following up by email or text.

Can you call a lead in New Zealand who asked you to?

No legal register to check · Not applicable

• There's no government do-not-call register, and the Marketing Association's voluntary service covers personal numbers only.
• Keep your own do-not-call list, and stop calling anyone who asks.

Source: Marketing Association: Do Not Call · Do not call exemptions by country