The Unsolicited Electronic Messages Act 2007 (UEM Act) prohibits the sending of spam with a New Zealand link (messages sent to, from, or within New Zealand). A failure to comply with the UEM Act can mean a fine of up to $500,000 as per section 45(4). The UEM Act covers email, instant messaging, texts, faxes and image-based messages with a commercial purpose. It does not cover internet pop-ups or telemarketing such as phone calls. It defines ‘unsolicited commercial electronic message’ as a commercial electronic message that the recipient has not consented to receiving. An electronic message is considered spam only if it is commercial in nature for example, marketing or promoting goods, services, land, an interest in land, an investment opportunity or including a link to these categories. Agencies must ensure they do not send spam. This is particularly applicable when it comes to prospecting for listings.