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Staying compliant when sending Promotional Marketing Campaigns in New Zealand

Shaun Smekel avatar
Written by Shaun Smekel
Updated over a month ago

Who this is for

This guide is for anyone using Principle to send marketing emails or SMS messages to patients or prospective patients in New Zealand.

It covers:

  • What New Zealand law requires

  • What “consent” means

  • What every message you send must include

  • Practical sending guidelines so you don’t get flagged as spam

This is general guidance, not legal advice. You should always confirm your approach with your legal advisor.

Why this matters

New Zealand regulates marketing messages under the Unsolicited Electronic Messages Act 2007 (“UEMA”). This law is designed to stop “unsolicited commercial electronic messages,” which includes promotional SMS and marketing email.

The law applies to any commercial electronic message (CEM). A CEM is any non-transactional message that promotes your services, offers, products, memberships, whitening specials, etc. In other words: if it’s marketing, it’s covered.

Under UEMA, you’re only allowed to send these kinds of messages if you meet all three of these requirements:

  1. You have valid consent

  2. You clearly identify yourself and provide contact details

  3. You include a working way to unsubscribe / opt out

Principle supports these requirements, but it’s still your responsibility to make sure you’re contacting people you’re actually allowed to contact.

Consent: what it actually means

You cannot market to someone in New Zealand just because you have their phone number or email. You must have consent, and you should be able to prove it.

UEMA recognises two types of consent:

  • Express consent

  • Inferred (implicit) consent

The expectation is that you get express consent. Inferred consent is possible in narrow cases but is risky to rely on.

You should also keep records of:

  • What type of consent you collected (express vs inferred)

  • How it was collected (form, checkbox, verbal, etc.)

  • The date and time consent was given

Principle stores consent information against a patient/contact profile so you can refer back to it if needed.

Express consent

Express (also called explicit) consent means the person has clearly opted in to receive marketing via a specific channel (SMS, email, etc.). You cannot send promotional marketing before they’ve opted in.

That can look like:

  • A patient ticking “I agree to receive email/SMS offers” on a digital form.

  • Someone filling out a cosmetic dentistry offer form on your website.

  • Verbal consent over the phone where you note it in the patient record.

Important:

  • Consent is channel-specific. If someone said yes to marketing emails only, that does not mean you can also send them SMS marketing. Wording is important.

  • The opt-in checkbox or language needs to be clear about what kind of messages they’ll get (e.g. “SMS promotions for cosmetic/whitening/clear aligner specials”) so the person knows what they’re agreeing to.

Inferred consent

Inferred (also called implicit) consent is when someone has directly given you their contact details, and it is reasonable to believe they would expect marketing from you.

Inferred consent may exist if:

  • You have an ongoing, provable relationship with the person (for example, they’re an active patient), and;

  • The marketing you’re sending is directly related to that relationship.

Example: If someone is in a whitening membership plan and you’re sending them an offer about discounted trays, that may fall under inferred consent.

In short: if you can’t clearly justify inferred consent, get express consent instead. It’s safer and easier to defend.

What every marketing message must include

If you’re sending a marketing SMS or email to someone in New Zealand, UEMA requires that message to include all of the following:

1. Clear sender identification

Your message must clearly identify who is sending it. That means:

  • Your practice or organisation name must be obvious.

  • The identity info in the message needs to stay accurate for at least 30 days after the message is sent.

2. Contact details

You must include contact details for your business (or a link to contact details). That might be:

  • Phone number for the practice

  • Practice email

  • Link to a contact page

These contact details also need to remain valid for at least 30 days after you send the message.

3. A working unsubscribe / opt-out

Every promotional marketing message must include a way to stop future marketing. That opt-out must:

  • Be clearly described (e.g. “Unsubscribe via https://app.principle.dental/unsubscribe/a7dh8w”)

  • Be processed within 5 working days (automatically handled by Principle)

  • Not require the person to pay a fee beyond standard messaging costs

  • Not require them to log in, create an account, or give extra personal info just to unsubscribe

  • Stay functional for at least 30 days after you send the message

  • Allows subscribers to unsubscribe through the original method of communication

How Principle helps:

  • Email and SMS promotional campaigns include an unsubscribe link.

  • Both communication methods can be replied to to contact the practice.

  • Unsubscribes are handled automatically.

Best-practice guidelines

These aren’t all strictly written into UEMA, but following them will reduce complaints, keep deliverability healthy, and keep you off regulators’ radar:

  • Send during reasonable hours
    Aim for 9am–8pm local time for the recipient when sending SMS or other direct messages. This reduces complaints and opt-outs.

  • Give value, not noise
    Every campaign should feel useful: special offer, last-minute availability, relevant treatment info, recall reminders, etc. If people feel “this is spammy,” they’ll opt out - and that hurts you long term.

  • Watch tone
    Avoid “too salesy” phrases, excessive emojis, or shorthand that doesn’t match your patient base. These patterns can look like spam and reduce trust.

  • Don’t blast people constantly
    Sending too often drives complaints. Principle can help you apply sending rules to avoid over-messaging the same person across channels.

  • Link back to something real
    Wherever possible, include at least one link back to your practice website or booking flow. This reassures recipients that this is coming from a legitimate, known practice.

What happens when someone unsubscribes?

When a person unsubscribes:

  • You must stop sending marketing to that channel for that person.

  • This has to happen within 5 working days.

  • You can’t make it hard or expensive for them to leave.

Principle manages opt-outs at the patient level, so their preferences are automatically respected across future sends. Unsubscribes are also actioned immediately.

Note: “unsubscribe from marketing SMS” does not automatically mean “unsubscribe from essential clinical communications.” Appointment confirmations and clinical reminders are considered transactional/operational rather than marketing, but you should confirm with your advisor what is considered “marketing” vs “healthcare operations” for your practice.

Quick pre-send checklist

Before you send a campaign (email or SMS) to a New Zealand patient list, ask yourself:

  1. Do we have clear, provable consent for this channel?
    (Not just “they’re in our database,” but “they opted in to SMS marketing,” etc.)

  2. Does this message clearly identify our practice and how to contact us?

  3. Is there a visible, working opt-out in the message?

  4. Is the content directly relevant and respectful?

  5. Are we sending at a reasonable time of day for them?

If you can tick all five, you’re in good shape.

Summary

  • New Zealand’s anti-spam law (UEMA) controls who you can market to and what needs to be in every message.

  • You generally need express consent before sending marketing, especially SMS. Inferred consent is narrow and risky.

  • Every message must clearly identify your practice, include contact details, and include an easy opt-out that actually works.

  • Principle’s Marketing Campaigns feature is built to support these requirements, but you control who you send to.

If you’re unsure whether a specific campaign is allowed, pause and get legal confirmation before sending.

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