Geekzone: technology news, blogs, forums
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.

BDFL - Memuneh
64980 posts

Uber Geek

Lifetime subscriber

# 77150 11-Feb-2011 09:34
Send private message

Just received:

The Department of Internal Affairs’ Anti-Spam Compliance Unit has introduced a web page recording enforcement action under the Unsolicited Electronic Messages Act 2007.

The unit investigates complaints about unsolicited commercial electronic messages in New Zealand, commonly referred to as spam and alleged breaches of the Act.  These messages can be sent by email, SMS (short message service), instant messaging and MMS (text and image-based mobile phone messaging). 

The Department has a range of enforcement options available under the Act including Formal Warnings, Enforceable Undertakings and Civil Infringement Notices.

When the Act took effect the Anti-Spam Compliance Unit used education to encourage organisations and individuals to comply with the new law.  This strategy yielded positive results and, through its communications and investigations, the Department continues to establish a “compliance history”.  

The Department has moved to a strategy of issuing a written formal warning when an investigation identifies a breach of the Act. The Department considers this to be a pragmatic and sensible approach to enforcement.  

A written formal warning to an organisation or individual carries no financial penalty and the recipient is also provided with information regarding future compliance with the Act.  

Very few organisations and individuals issued with a formal warning have breached the Act again.  If the Department receives further complaints regarding the same entity then any previous compliance activity is then taken into consideration in any further investigation.

A Formal Warning is issued under Section 23 of the Act.  A formal warning may be issued after an investigation has been conducted and a breach of the Act has been identified.  All of the evidence and information gathered as a result of the investigation is analysed and considered in the decision making.

The formal warning, when issued to an individual or organisation, comes in the form of a letter outlining the details of the events or actions that have occurred.  The issuing of a formal warning does not affect the Department’s ability to consider or impose other appropriate sanctions under the Act.         

An Enforceable Undertaking is issued under Section 34 of the Act.  The Department may accept a written undertaking from a person in connection with commercial electronic messages, address harvesting software or harvested address lists.  The undertaking is accepted on the basis that the person agrees that they will not engage in future conduct that may again breach the Act.  If a person subsequently breaches one or more of the terms of the undertaking then the Department may apply to the court for an order (enforcement of undertakings). 

Civil Infringement Notices are issued under Section 24 of the Act.  A civil infringement notice is issued after an investigation has been conducted and a breach of the Act has been identified.  A civil infringement notice carries with it a financial penalty for the identified breaches which have occurred under the Act (Civil Liability Events).

The Department makes decisions case-by-case considering all the circumstances and facts associated with an investigation.  Other enforcement options are available under the Act when conducting investigations.

Information about the Department’s compliance activities can be found at Enforcement Action.

Interesting list of formal written warnings there...


Create new topic
1819 posts

Uber Geek


  # 438194 11-Feb-2011 10:03
Send private message

That's interesting and wow The Warehouse got a warning in Jan of this year.

624 posts

Ultimate Geek

  # 438202 11-Feb-2011 10:11
Send private message

We spent a considerable amount of time developing policies and procedures prior to the introduction of this act. Maintaining compliance with this act can be costly, but non-compliance could be even more costly, and irreparably damage a company's brand.


1319 posts

Uber Geek


  # 441649 20-Feb-2011 13:07
Send private message

Having kept an eye on the "Brothers in Spam", Shane and Lance Atkinson, and Brendan Battles I sometimes wonder how much they forced the hand of the government in creating the anti-spam law. It did take a while though.

536 posts

Ultimate Geek

  # 441663 20-Feb-2011 14:32

Renaissance (aka Magnum Mac) got a warning in Dec last year.

Pretty poor from these big companies.

856 posts

Ultimate Geek

  # 441967 21-Feb-2011 15:53
Send private message

maknz: Pretty poor from these big companies.

A very valid point, and something I was shocked by when I started getting a lot of contact e-mails from One Path after the brand changed, after getting daily, un-subscribable e-mails, I reported them to the DIA, got a very positive response, and they stopped. Looking at the list I notice "National Bank" got a warning in November, which ties in, so it may be something along that line (as it would have been from a NBNZ database).

The fact that the DIA are doing such a good job, is a great thing though.

Create new topic

Switch your broadband provider now - compare prices

Twitter and LinkedIn »

Follow us to receive Twitter updates when new discussions are posted in our forums:

Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:

Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:

News »

Samsung Galaxy Fold now available in New Zealand
Posted 6-Dec-2019 00:01

NZ company oDocs awarded US$ 100,000 Dubai World Expo grant
Posted 5-Dec-2019 16:00

New Zealand Rugby Selects AWS-Powered Analytics for Deeper Game Insights
Posted 5-Dec-2019 11:33

IMAGR and Farro bring checkout-less supermarket shopping to New Zealand
Posted 5-Dec-2019 09:07

Wellington Airport becomes first 5G connected airport in the country
Posted 3-Dec-2019 08:42

MetService secures Al Jazeera as a new weather client
Posted 28-Nov-2019 09:40

NZ a top 10 connected nation with stage one of ultra-fast broadband roll-out completed
Posted 24-Nov-2019 14:15

Microsoft Translator understands te reo Māori
Posted 22-Nov-2019 08:46

Chorus to launch Hyperfibre service
Posted 18-Nov-2019 15:00

Microsoft launches first Experience Center worldwide for Asia Pacific in Singapore
Posted 13-Nov-2019 13:08

Disney+ comes to LG Smart TVs
Posted 13-Nov-2019 12:55

Spark launches new wireless broadband "Unplan Metro"
Posted 11-Nov-2019 08:19

Malwarebytes overhauls flagship product with new UI, faster engine and lighter footprint
Posted 6-Nov-2019 11:48

CarbonClick launches into Digital Marketplaces
Posted 6-Nov-2019 11:42

Kordia offers Microsoft Azure Peering Service
Posted 6-Nov-2019 11:41

Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.