B2B cold calling is legal in New Zealand. The Unsolicited Electronic Messages Act 2007 covers commercial email, text, fax and instant messages, but not phone calls. The Privacy Act 2020 applies to the personal information you collect and use, including the new IPP3A from 1 May 2026, and the Fair Trading Act bans misleading conduct in trade. There is no government Do Not Call register; the Marketing Association runs a voluntary consumer service.
This guide is for B2B companies, in New Zealand or calling in from Australia, that prospect New Zealand businesses by phone and email. It is general information, not legal advice. Get advice from a New Zealand lawyer for your own situation.
Is cold calling legal in New Zealand?
Yes. No New Zealand law bans B2B cold calls. Four sets of rules shape how you do it:
| Rule | What it covers | Who enforces it |
|---|---|---|
| Unsolicited Electronic Messages Act 2007 | Commercial email, text, fax and instant messages with a New Zealand link. Not phone calls. | Department of Internal Affairs |
| Privacy Act 2020 | How you collect, store, use and disclose personal information about individuals | Privacy Commissioner |
| Fair Trading Act 1986 | Misleading conduct and unsubstantiated claims in trade; uninvited direct sales to consumers | Commerce Commission |
| Marketing Association Do Not Call service | A voluntary register for consumers who don't want marketing calls | Marketing Association (industry body) |
Does the Unsolicited Electronic Messages Act cover phone calls?
No. The Department of Internal Affairs (DIA) says the Act covers "email, fax, instant messaging, and mobile/smart phone text (TXT)" and does not cover "telemarketing such as phone calls". The Act itself excludes voice calls made using a standard telephone service or voice over IP.
That matters for phone-first outbound. The call is outside the Act, but the follow-up email or text after it is inside it. DIA also notes that a single message can be spam: there is no bulk threshold.
The Act applies to messages with a New Zealand link, which DIA describes as messages sent to, from or within New Zealand. An Australian company emailing New Zealand buyers is covered.
What do commercial emails and texts need in New Zealand?
Three things: consent, accurate sender information and a working unsubscribe facility.
Consent. You must not send an unsolicited commercial electronic message. Consent can be:
- Express: the person agreed to receive messages.
- Inferred: consent that can reasonably be inferred from the conduct and relationships of the people involved.
- Deemed: the person has conspicuously published their electronic address in a business or official capacity, without a statement that they don't want unsolicited messages, and your message is relevant to that capacity.
Deemed consent is the one B2B teams rely on most, and it is narrow. A work email on a company website, with no "no marketing" statement, can qualify for a message about that person's role. A personal address found elsewhere does not. If you claim consent, the burden of proving it is on you.
Accurate sender information. Each message must clearly and accurately identify who authorised it and how to contact them, with contact details likely to stay valid for at least 30 days.
Unsubscribe. Each message must include a functional unsubscribe facility, presented clearly and conspicuously and free to use. Once someone unsubscribes, consent is withdrawn 5 working days later.
Harvested addresses. You must not use address-harvesting software, or a list made with it, to send unlawful spam.
Penalties. Civil penalties for breaches go up to $200,000 for an individual and $500,000 for an organisation.
Some messages are not commercial and fall outside these rules, such as a quote the recipient asked for or confirmation of a transaction they agreed to. Our guide to cold email deliverability covers the technical side.
How does the Privacy Act 2020 affect B2B prospecting?
It governs the personal information on your prospect list. A decision maker's name, role, direct line and mobile are information about an identifiable person, so the 13 information privacy principles (IPPs) apply, plus the new IPP3A.
The principles that matter most for outbound:
| Principle | What it means for a calling campaign |
|---|---|
| IPP1 Purpose for collection | Collect only what you need for a lawful purpose, such as contacting a business about your service |
| IPP2 Source of information | Collect from the person where possible |
| IPP3 Collecting directly | Tell people what you are collecting and why when you collect it from them |
| IPP3A Collecting from another source | Tell people when you collect their information from a third party, unless an exception applies |
| IPP4 Manner of collection | Collect lawfully, fairly and without unreasonable intrusion |
| IPP5 Storage and security | Keep your list and call notes secure |
| IPP8 Accuracy | Check information is accurate before you use it |
| IPP9 Retention | Don't keep information longer than you need it |
| IPP11 Disclosure | Limit who you share the list with |
| IPP12 Disclosure outside New Zealand | Rules for sending personal information to overseas recipients |
Overseas businesses are covered. The Privacy Commissioner says an overseas agency can be treated as carrying on business in New Zealand even without a physical place of business there. An Australian agency calling New Zealand businesses should assume the Act applies.
Serious breaches must be notified. If a privacy breach poses a risk of serious harm, you must notify the Privacy Commissioner and the affected people, unless an exception applies.
What is IPP3A and why does it matter for list building?
IPP3A is a new principle added by the Privacy Amendment Act 2025, and it came into force on 1 May 2026. It covers personal information you collect from someone other than the individual, which is how most prospect lists are built.
When IPP3A applies, you must take reasonable steps to make the person aware, as soon as reasonably practicable, of:
- the fact that you have collected their information
- why you collected it
- who will receive it
- your name and address
- any law that authorises or requires the collection
- their rights to access and correct it
There are exceptions. The Privacy Commissioner's guidance says the publicly available information exception may apply to information from sources such as a public register, a website or a public social media page, but not to content you need permission to view. Other exceptions include where the person has already been told, or where notifying them is not reasonably practicable. Document your reasoning when you rely on one.
In practice: know where every contact came from. Purchased data and enrichment tools sit squarely in IPP3A territory, so check with your data provider what notice, if any, has already been given, and get advice on your own approach.
What does the Fair Trading Act mean for cold calls?
Don't mislead, and be able to back up what you say.
- Section 9: no one may, in trade, engage in conduct that is misleading or deceptive, or likely to mislead or deceive. This applies to business buyers as well as consumers.
- Section 12A: you must not, in trade, make an unsubstantiated representation, meaning a claim you have no reasonable grounds for, whether or not it turns out to be false.
So a caller should not imply an existing relationship, overstate results or invent urgency. Script your claims and keep the evidence for them.
Uninvited direct sales rules are for consumers. The Fair Trading Act has extra rules for uninvited direct sales, including sales made by phone. They apply to agreements to supply goods or services to a consumer, meaning someone buying things ordinarily acquired for personal, domestic or household use, where the price is over $100 or can't be determined. A B2B meeting booked with a company's operations manager is not that kind of agreement.
Does New Zealand have a Do Not Call register?
Not a government one. Australia has a legislated Do Not Call Register; New Zealand does not.
The Marketing Association (MA) runs a Do Not Call service, which it describes as "a free service for consumers" that helps reduce unwanted, unsolicited calls. Marketers can subscribe to the MA's Name Suppression Service and remove matching records from their campaign data before contacting people. The MA notes that not every company subscribes, and says the Do Not Call service "does not extend to businesses".
The MA also publishes a Code of Practice for Telemarketing, first published in April 2021 and endorsed by the Telecommunications Users Association of New Zealand. Read it if you are an MA member or want an industry benchmark.
Good practice for B2B calling: if your list includes mobiles that may be personal, consider suppressing against the MA service, and keep your own do-not-contact list. If anyone asks not to be called again, log it and stop.
When can you make cold calls in New Zealand?
None of the laws covered here sets fixed calling hours for B2B calls, unlike Australia's telemarketing industry standard. Use normal New Zealand business hours and the buyer's own schedule.
If you call from Australia, remember New Zealand is ahead: by 2 hours for most of the year compared with Sydney. A 9am start in Sydney is late morning in Auckland, and the afternoon window closes earlier than you think. Our best time to cold call guide covers Australian timing.
How do New Zealand's rules compare with Australia's?
| Topic | New Zealand | Australia |
|---|---|---|
| Phone calls | No call-specific statute for B2B calls | Telemarketing industry standard sets calling hours and identification rules |
| Do Not Call | Voluntary MA service for consumers | Legislated Do Not Call Register; business numbers can't be registered, personal numbers can |
| Email and SMS | Unsolicited Electronic Messages Act 2007 | Spam Act 2003 |
| Privacy | Privacy Act 2020, including IPP3A from 1 May 2026 | Privacy Act 1988 |
Our Australian cold calling laws guide has the detail for Australia.
A compliance checklist for calling New Zealand
- Log the source of every contact on your list, and check whether IPP3A notice applies.
- Collect only what you need and keep the list secure.
- Suppress opt-outs: your own do-not-contact list, and the MA service if you are calling numbers that may be personal.
- Introduce yourself honestly on every call: your name, your company and why you are calling.
- Script your claims and keep evidence for them.
- Check consent before every follow-up email or text, include accurate sender details and an unsubscribe facility, and action unsubscribes well within 5 working days.
- Call in New Zealand business hours.
- Get New Zealand legal advice for anything unusual.
How Nousu calls New Zealand
We run phone-first campaigns into New Zealand from Sydney, with callers who all work in-house in Sydney. Lists are built in-house, follow-up runs by email and LinkedIn, and opt-outs are actioned immediately. See our New Zealand cold calling service, B2B telemarketing and our New Zealand market overview.
Pricing is starting at $7,000 a month (ex GST), with the exact fee quoted after a 30-minute call. The initial term is 3 months, then rolling monthly, and first calls go out within 2 weeks. If you are comparing providers, our list of the best lead generation companies in New Zealand explains how they differ.
Frequently asked questions
Is cold calling legal in New Zealand? Yes. B2B cold calling is legal in New Zealand. The anti-spam law, the Unsolicited Electronic Messages Act 2007, does not cover phone calls. You still need to handle personal information under the Privacy Act 2020 and avoid misleading statements under the Fair Trading Act. This is general information, not legal advice.
Does New Zealand have a Do Not Call register? There is no government Do Not Call register like Australia's. The Marketing Association runs a free Do Not Call service for consumers, and marketers can match their lists against it through its Name Suppression Service. The Marketing Association says the service does not extend to businesses.
Does the Unsolicited Electronic Messages Act apply to phone calls? No. The Department of Internal Affairs says the Act covers email, fax, instant messaging and text messages, but not telemarketing phone calls. Follow-up emails and texts after a call are covered, so they need consent, accurate sender information and a working unsubscribe facility.
Can I send B2B cold emails in New Zealand? Only with consent, which can be express, inferred or deemed. Deemed consent can apply when a person has conspicuously published their work email address, has not said they don't want commercial messages, and your message relates to their role. Every message needs accurate sender details and an unsubscribe facility that takes effect within 5 working days.
What is IPP3A? IPP3A is a new information privacy principle added by the Privacy Amendment Act 2025, in force from 1 May 2026. When you collect personal information about someone from another source, such as a data provider, you must take reasonable steps to tell them you have it, why, who will receive it and how to access it, unless an exception applies.
Can an Australian company cold call New Zealand businesses? Yes. The same New Zealand rules apply. The Privacy Act 2020 covers overseas agencies carrying on business in New Zealand, even without a physical presence there, and commercial emails with a New Zealand link fall under the Unsolicited Electronic Messages Act. Call during New Zealand business hours, which run ahead of eastern Australia.
Sources
- New Zealand Legislation, Unsolicited Electronic Messages Act 2007: https://www.legislation.govt.nz/act/public/2007/7/en/latest/
- Department of Internal Affairs, What anti-spam law means for businesses: https://www.dia.govt.nz/Spam-NZ-Spam-Law-for-Businesses
- Privacy Commissioner (privacy.org.nz), Privacy principles: https://www.privacy.org.nz/the-privacy-act-and-codes/privacy-principles/
- Privacy Commissioner (privacy.org.nz), IPP3A: https://www.privacy.org.nz/resources-and-learning/a-z-topics/ipp3a/
- Privacy Commissioner (privacy.org.nz), What changed between the Privacy Act 1993 and the Privacy Act 2020: https://www.privacy.org.nz/resources-and-learning/knowledge-base/view/535/
- New Zealand Legislation, Fair Trading Act 1986 (sections 2, 9, 12A and 36K): https://www.legislation.govt.nz/act/public/1986/121/en/latest/
- Commerce Commission, Selling over the phone or door-to-door: https://comcom.govt.nz/business/dealing-with-typical-situations/mobile-trading-and-door-to-door-selling/selling-over-the-phone-or-door-to-door
- Marketing Association, Do Not Call and Do Not Mail: https://marketing.org.nz/do-not-call-do-not-mail
- Marketing Association, Name Suppression Service: https://marketing.org.nz/resource-hub/name-suppression-service-from-ma
- Marketing Association, Code of Practice for Telemarketing: https://marketing.org.nz/resource-hub/code-of-practice-for-telemarketing
- Do Not Call Register (Australia), Industry standards: https://www.donotcall.gov.au/industry/industry-overview/industry-standards
- Do Not Call Register (Australia), Industry guide (business numbers can't be registered; personal numbers can): https://www.donotcall.gov.au/media/1212/dncr-industry-guide.pdf
- Federal Register of Legislation, Spam Act 2003: https://www.legislation.gov.au/C2004A01214/latest/text
Book a 30-minute call
Planning outbound into New Zealand? Book a 30-minute call with Harry Constant, our founder, and we'll talk through your list, your follow-up and how we call New Zealand from Sydney.