Staying out of SPAM Jail in New Zealand

Staying Out of SPAM Jail in New Zealand

Want to keep your emails out of spam jail and your MailerLite account safe? Understanding email spam compliance isn’t just a best practice, it’s the key to staying compliant and landing in the inbox where you belong.

Whether you’re sending newsletters, promotions, or automated sequences, the rules in NZ are clear: no permission, no send. Ignore them, and you risk account suspension (or worse, legal trouble).

Let’s break down exactly what you need to know to keep your emails legit and your list engaged.

Table of Contents

Why Permission Matters More Than Ever for New Zealand Businesses

Email marketing remains one of the most powerful tools in your digital marketing arsenal, especially for B2B service providers looking to nurture client relationships and generate qualified leads. But success hinges entirely on doing it the right way.

The difference between emails that convert and those that damage your business reputation? Permission.

Understanding SPAM: MailerLite’s Definition

As MailerLite clearly defines it:

“Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.”

When you send an email to someone you don’t know, that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email to an entire list of people you don’t know, that’s spam.

For New Zealand businesses, this isn’t just about following email service provider guidelines, it’s about complying with the Unsolicited Electronic Messages Act 2007. The act establishes email spam compliance requirements for all New Zealand businesses.

  • Express or inferred consent before sending commercial electronic messages
  • Clear identification of the message sender
  • A functional unsubscribe facility in every message

Violations can result in penalties of up to $500,000 for organisations, making compliance not just good practice but essential for legal protection.

Resource: Unsolicated Electronic Messages Act 2007 – New Zealand

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Permission-Based Email Marketing: The Foundation of Email Success

Permission-based email marketing follows a simple principle: only email people who have explicitly opted in to hear from you.

This approach delivers multiple benefits for New Zealand service providers:

  • Higher open rates and engagement with your content
  • Reduced bounce rates and spam complaints
  • Stronger sender reputation with email service providers
  • Better deliverability across all campaigns
  • Compliance with New Zealand regulations

Most importantly, it transforms your email marketing from an intrusion to an invited conversation, fundamentally changing how recipients perceive your messages.

What Kind of Email Addresses Are OK to Send To?

According to MailerLite’s guidelines, to send email to anyone, you need to have their permission. And this will help keep you out of SPAM jail. This could be done through:

  1. An email newsletter subscribe form on your website. Clear sign-up forms that explain what subscribers will receive.
  2. An opt-in checkbox on a form. This checkbox must not be checked by default. The person completing the form must willingly select the checkbox to indicate they want to hear from you.
  3. Offline form completions. If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
  4. Recent clients. Clients* who have purchased from you within the last 2 years.
* Not all clients who have purchased want to receive marketing emails, so it’s important that you seek permission first. You are free to send transactional emails related to their purchase (receipts, delivery information, service updates), but marketing communications should still be opt-in. The best practice is to include an opt-in checkbox during the onboarding or checkout process specifically for marketing communications.
 

What Kind of Email Addresses Are NOT OK to Send To?

MailerLite explicitly prohibits sending to any email address which:

  • You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
  • You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
  • You haven’t contacted via email in the last 2 years. Permission doesn’t age well, and these people have either changed email address or won’t remember giving their permission in the first place.
  • You scraped or copy-pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

Essential Content Requirements for Every Email

Every email you send using MailerLite must include:

  • A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
  • Clear sender identification (your name and business)
  • Physical business address (required by both MailerLite and NZ law)
  • Accurate subject lines that reflect the email content

Understanding Email Spam Compliance Consequences

Failing to follow email spam compliance guidelines can result in both account suspension and legal penalties. MailerLite reserves the right to suspend your account immediately and investigate your activity if your campaigns have:

  • High percentage of spam complaints (more than 0.2%)
  • Excessive bounces (more than 5%)
  • High unsubscribe rates (more than 1%)
  • Very small open rate (less than 3%)

If it turns out that you were sending emails without permission, MailerLite will terminate your account. They may ask you to prove that you have permission from your recipients and can close your account if you do not have such proof.

Additionally, MailerLite strictly forbids creating multiple accounts with overlapping uses (similar email content, same links, or same FROM email) or in order to evade the permanent suspension of a separate account.

Building Your Permission-Based Strategy for NZ B2B Success

Growing a quality email list takes time, but the results far outweigh quick-fix approaches. Start with these steps:

  1. Audit your current list for proper permissions
  2. Implement clear opt-in processes across all touchpoints
  3. Create valuable B2B lead magnets that encourage voluntary sign-ups
  4. Segment your audience for more relevant communications
  5. Regularly clean your list of inactive subscribers

If you’re ready to grow your email list the right way, without breaking compliance rules and landing yourself in SPAM jail, join the next Grow Your Email List Challenge. It’s a step-by-step guide to building an engaged, permission-based list that actually wants to hear from you. Sign up here!

Take Your Email Marketing to the Next Level

Ready to ensure your email marketing is fully compliant while maximizing your results? I’m here to help.

Need personalised guidance? Book a Pick My Brain session, where we can troubleshoot your compliance issues and identify opportunities to improve your email marketing strategy.

Want to send emails your subscribers actually want to read? Download my free Email Marketing “Value First” Guide packed with proven strategies to help you nurture real connections and turn email subscribers into paying clients.

Email Spam Compliance - Email Marketing Expert Louise Deed

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