For many membership associations, email is the lifeblood of communication. It’s how organisations send newsletters, event invitations, training updates, AGM notices, sponsorship opportunities, fundraising campaigns, and those “don’t forget to renew your membership” reminders.

But there’s a legal line between keeping members informed and accidentally wandering into spam territory.

That’s where New Zealand’s Unsolicited Electronic Messages Act 2007 comes in.

Often referred to simply as the “anti-spam law,” the Act affects any organisation sending commercial electronic messages — including incorporated societies, clubs, charities, industry bodies, sports organisations, and professional associations.

What Is the Act?

The Act was introduced to reduce spam and protect people from receiving unwanted commercial electronic messages. It applies to emails, texts, and instant messages with a New Zealand connection. 

Under the legislation, organisations cannot send unsolicited commercial electronic messages unless they have consent from the recipient. Messages must also clearly identify the sender and include a working unsubscribe option. 

In plain English:

• Don’t email people marketing material unless they’ve agreed to receive it.
• Tell recipients who you are.
• Let them unsubscribe easily.
• Actually honour the unsubscribe request.

Simple in theory. Slightly messier in practice.

“But We’re a Membership Association, Not a Business”

This is where many organisations get caught out.

A lot of associations assume the law only applies to aggressive online marketers selling protein powder or suspicious cryptocurrency schemes. In reality, the Act covers any “commercial electronic message,” which can include messages promoting goods, services, land, business opportunities, or fundraising activities. 

That means membership associations may still fall under the legislation when sending:

• Membership renewal reminders
• Conference promotions
• Sponsored event advertising
• Training course marketing
• Fundraising campaigns
• Partner offers
• Ticket sales
• Paid workshops
• Subscription upgrades

Even not-for-profit organisations can send commercial electronic messages if the content promotes a commercial activity.

So while your organisation may run on volunteers and goodwill, the law still applies.

The Three Types of Consent

The Act recognises three forms of consent.

1. Express Consent

This is the gold standard.

Someone ticks a box, fills out a form, subscribes online, or clearly agrees to receive communications.

For associations, this could happen when:

• A person joins as a member
• Someone subscribes to your newsletter
• An event attendee opts into updates
• A website signup form includes marketing consent

The important part is clarity. Pre-ticked boxes and sneaky wording are not a great look.

2. Inferred Consent

This exists where there’s an existing relationship and it’s reasonable to believe the person expects communications from you. 

For example:

• Current members receiving member updates
• Regular donors hearing about upcoming campaigns
• Existing training participants receiving related course information

However, inferred consent is not unlimited. Just because someone attended your breakfast seminar in 2019 does not automatically mean they want weekly updates forever.

At some point, “ongoing relationship” becomes “digital clinginess.”

3. Deemed Consent

This applies when someone publicly publishes their contact details in a business or official capacity without stating they do not wish to receive messages, and your message is relevant to their role. 

For example:

• Contacting a publicly listed committee secretary about governance training
• Emailing a published industry representative about a relevant conference

But this is narrower than many people think. It is not permission to dump every publicly visible email address into Mailchimp and unleash twelve months of newsletters titled “Exciting Updates!”

The Unsubscribe Rule

One of the most important requirements is the unsubscribe facility.

Commercial emails must contain a functional unsubscribe method that works for at least 30 days after the message is sent. Organisations must honour unsubscribe requests within five working days. 

In practical terms:

• The unsubscribe link should be visible
• It should actually work
• Recipients shouldn’t need to log into a portal built during the Jurassic period
• You cannot quietly re-add people later

This is particularly important for associations where mailing lists are often managed by multiple volunteers, committees, or administrators over time.

Nothing says “we value our members” quite like unsubscribing someone and then accidentally re-importing them six months later from an old Excel spreadsheet.

Common Risk Areas for Associations

Old Membership Databases

Historical databases are one of the biggest compliance risks.

Just because someone was once a member does not necessarily mean you still have consent years later.

If your mailing list includes:

• former members,
• event attendees from long ago,
• inherited contact lists,
• or mysterious addresses nobody recognises,

it may be time for a cleanup.

Sponsor and Partner Promotions

Many associations share sponsor offers or third-party promotions. This can create additional risk because the messages may clearly fall within “commercial” activity.

If recipients did not reasonably expect those communications, complaints can follow.

Committee Changes

Volunteer turnover often leads to inconsistent mailing practices.

One committee carefully manages consent. The next one discovers the “send to all” button.

Documented communication policies help avoid this.

Good Practice for Membership Associations

The safest approach is surprisingly straightforward:

• Obtain clear consent wherever possible
• Keep records of how consent was obtained
• Use reputable email marketing systems
• Include unsubscribe links in all bulk emails
• Remove unsubscribed contacts promptly
• Regularly clean outdated databases
• Separate operational notices from marketing content
• Train committee members and administrators

And perhaps most importantly:

Don’t treat your membership database like buried treasure that must be used at every opportunity.

Why Compliance Is Actually Good for Engagement

There’s also a practical benefit here.

People who genuinely want your communications are far more likely to:

• open emails
• attend events
• renew memberships
• volunteer
• donate
• and engage positively with your organisation.

A smaller, genuinely interested mailing list is usually more valuable than a giant database full of people wondering, “Why am I still receiving this?”

Good compliance often leads to better communication quality overall.

Which is excellent news for everyone — especially inboxes already fighting a daily battle against online shopping promotions, mystery parcel scams, and emails insisting you’ve run out of cloud storage.

For more information review the legislation directly through New Zealand Legislation or guidance from the Department of Internal Affairs anti-spam information page.