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New Zealand / Premium SMS Regulations

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Q: How should I promote my services in New Zealand?

 

A: All services in New Zealand require prior approval. Ensure you log a ticket at http://clients.txtnation.com before you put any promotions live so this application can be made. The regulatory board sit every Friday to critique applications.

With regards to running competitions in New Zealand, it has been asked of clients to review the NZ Gambling Act and the Department of Internal Affairs websites for more information.

Below are some of the recent announcements that both carriers in New Zealand have sent out, meaning that it is now virtually impossible to get subscription, chat and prize services up and running.

Vodafone New Zealand

Vodafone New will terminate all “challenging” premium SMS services by 24 
November 2011. They will no longer be approving any future premium SMS 
services of a "chat", "subscription" or “chance of winning” nature.

Vodafone New Zealand has clarified that premium SMS services of the 
above nature that are pending approval will be disregarded. Premium 
services of an IOD (information on demand) nature would not be affected 
by the above measures.

Telecom New Zealand

Telecom NZ has recently experienced a number of issues with Premium SMS 
services that did not comply with New Zealand laws. As a result, the 
following measures are in force with immediate effect (8 November 2011) 
with respect to each premium subscription SMS service per short code:-

(i) With a prize offering

The content provider must seek independent legal advice that 
the proposed service and the advertising/promotional materials in 
relation to that service complies with New Zealand laws. As Telecom NZ 
may ask for proof of the legal advice obtained as a pre-condition for 
approving the service.

(ii) With and without a prize offering

Copies of all advertisements and other promotional materials 
advertising the service are to be provided together with your 
application for the service. Copies of any further 
advertisements/promotional materials that the content provider intend to 
use in relation to the short code _after your application has been 
approved_, must be submitted to Telecom NZ before the 
advertisements/promotional material are used.

(iii) Double-opt-in mechanism for subscription confirmation

In addition to the current web-double-opt-in mechanism, all 
services must have an additional MO confirmation request from the end 
user before commencement of the subscription service.

 

You can find more regulatory information about setting up services via the below files, note the first is applicable to mobile content services: 

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