Best Advertising and Marketing Lawyers in Feilding

About Advertising and Marketing Law in Feilding, New Zealand

Feilding is a regional town in the Manawatu district with a diverse small-business community. Advertising and marketing activities carried out in Feilding are governed primarily by national New Zealand laws and industry codes, with some local rules that affect outdoor signage, events and use of public spaces. National regulators and industry bodies set the standards for truthfulness, fairness, privacy and safety in advertising. Businesses and individuals working in Feilding should follow the same legal framework that applies throughout New Zealand, while also checking Manawatu District Council rules for local requirements on signage, permits and public event promotions.

Why You May Need a Lawyer

You may need legal help when your advertising or marketing activities raise the potential for regulatory enforcement, disputes, or reputational harm. Typical situations include when you are accused of misleading or deceptive conduct, when you receive a complaint from a consumer or competitor, or when an advertising campaign triggers an investigation by the Commerce Commission or the Advertising Standards Authority.

Other common reasons to seek a lawyer include preparing and reviewing influencer contracts, sponsorship agreements, or marketing agency terms; protecting brand assets with trademarks or handling copyright issues; dealing with data protection and direct marketing compliance under the Privacy Act and Unsolicited Electronic Messages Act; negotiating media buys and production contracts; and defending or appealing adverse findings by regulators or industry bodies.

Local Laws Overview

Fair Trading Act 1986 - This Act prohibits misleading and deceptive conduct and false representations about goods and services. Claims about price, performance, benefits or origin must be truthful and have a reasonable basis.

Commerce Act 1986 - The Commerce Act addresses competition issues such as price fixing, bid rigging and anti-competitive agreements. Comparative advertising should avoid misleading comparative claims and must be substantiated.

Consumer Guarantees Act 1993 - When goods or services are supplied to consumers, certain guarantees apply. Advertising that creates consumer expectations must not contradict these statutory guarantees.

Advertising Standards Authority Codes - The industry-run ASA administers advertising codes covering truthfulness, social responsibility, and specific sectors such as health, alcohol and gambling. The ASA can investigate complaints and require corrective actions for ads that breach its codes.

Privacy Act 2020 - Marketers who collect, hold or use personal information must comply with the Privacy Act and the New Zealand Information Privacy Principles. This affects customer databases, targeted advertising and cross-border data transfers.

Unsolicited Electronic Messages Act 2007 - This Act regulates commercial electronic messages. Marketers must usually obtain consent, identify the sender and provide an unsubscribe option for emails, SMS and similar messages.

Harmful Digital Communications Act 2015 - Online advertising and social media activity must avoid harmful or abusive communications. Liability can arise for content that causes serious emotional harm or harassment.

Sector-specific regulation - Certain products are subject to stricter advertising rules. Examples include financial services and investment offers, which may be regulated under the Financial Markets Conduct Act; health and therapeutic claims, which are subject to specific standards; and tobacco and vaping products, which face significant advertising restrictions.

Local council rules - Manawatu District Council controls land-use and signage through the district plan and bylaws. Outdoor advertising, billboards and temporary signs may need resource consent or permits, especially in heritage zones, near state highways or on public land. Events and street stall promotions often require council permits or approval.

Frequently Asked Questions

Do I need to prove every claim I make in an advertisement?

Yes. Under the Fair Trading Act and ASA standards, advertisers must have reasonable substantiation for objective claims before making them. That means studies, verifiable data, or credible evidence to support performance, health or comparative claims. Vague statements that are clearly opinion or puffery are treated differently, but specific factual claims need evidence.

What happens if a competitor complains about my ad?

If a competitor complains to the Advertising Standards Authority, the ASA can investigate and issue a determination requiring you to withdraw or amend the ad, and publish the decision. If the complaint alleges conduct that breaches the Fair Trading Act, the Commerce Commission or the complainant may pursue further enforcement action, which could include penalties, undertakings or court proceedings.

How should influencers disclose paid promotions?

Influencers and advertisers need to make commercial relationships clear, prominent and easily understood. The ASA and Commerce Commission guidance requires transparent disclosure that a post is sponsored or contains paid promotion. Disclosure should not be buried in hashtags or links, and it should be evident to ordinary consumers at first glance.

Can I use customer testimonials or reviews in my advertising?

You can use testimonials and reviews, but they must be genuine and not misleading. If a testimonial is incentivised, that fact should be disclosed. Altering a review or presenting a single positive testimonial as representative of all customers can risk misleading consumers under the Fair Trading Act.

What privacy rules apply to email or SMS marketing?

Email and SMS marketing must comply with the Unsolicited Electronic Messages Act, which requires consent for commercial electronic messages, accurate sender identification and an unsubscribe mechanism. The Privacy Act also requires lawful, fair and transparent handling of personal information, and you should keep records of consent and respect opt-outs promptly.

Do I need permission to put up a sign or billboard in Feilding?

Possibly. Many signs require approval under the Manawatu District Plan or other local bylaws, particularly on public land, heritage areas or beside state highways. Temporary signs for events or markets often need permits. Check with Manawatu District Council before installing signage to avoid fines or removal orders.

What penalties can apply for misleading advertising?

Penalties range from ASA rulings requiring corrective action and public retractions, to civil remedies and fines under the Fair Trading Act and Commerce Act. Serious breaches can lead to court orders, damages, injunctions and penalties imposed by the courts or regulatory bodies.

How do I challenge an ASA decision I disagree with?

If you disagree with an ASA decision, the ASA publishes determinations and provides feedback options. For disputes involving legal questions or significant commercial impact, you may seek legal advice about judicial review or a private legal challenge. In many cases, negotiation, corrective ads or revised creative are more practical options.

Can I run the same marketing campaign across New Zealand from Feilding?

Yes, you can run nationwide campaigns from Feilding, but you must ensure compliance with national laws and industry codes. Be mindful of region-specific rules such as local signage permissions, and consider language, cultural and media placement factors to avoid local sensitivities or unintended breaches.

When should I involve a lawyer in drafting marketing contracts?

Involve a lawyer before you sign influencer agreements, sponsorship deals, agency contracts or media buy arrangements. A lawyer can help protect intellectual property rights, set clear deliverables, build robust compliance clauses for legal and regulatory obligations, include termination and indemnity provisions, and reduce the risk of disputes.

Additional Resources

Advertising Standards Authority - industry body that administers advertising codes and handles public complaints about advertising content.

Commerce Commission - regulator for competition, fair trading and consumer protection matters.

Ministry of Business, Innovation and Employment - guidance on the Fair Trading Act and business obligations.

Office of the Privacy Commissioner - resources and guidance on the Privacy Act 2020 and handling personal information.

Intellectual Property Office of New Zealand - information on trademarks, patents and copyright protections.

Manawatu District Council - local rules, district plan and permits for signage, events and use of public space in Feilding.

Consumer NZ - independent consumer advice and practical guides to advertising and consumer rights.

New Zealand Law Society - guidance on finding qualified lawyers and a directory of practitioners, including those specialising in advertising, commercial and media law.

Marketing Association of New Zealand - industry guidance, best practice resources and overseas marketing standards adapted for local practice.

Next Steps

Identify the issue clearly - gather advertising materials, contracts, media placements, testimonials and any correspondence related to the matter.

Check applicable rules and guidance - review relevant ASA codes, Fair Trading Act obligations and council rules for signage or events.

Consider an initial complaint or resolution - if a consumer complaint is minor, responding promptly and correcting the ad may resolve the issue without formal action.

Seek specialist legal advice - find a lawyer experienced in advertising, media, consumer law and privacy. Ask about experience with ASA complaints, Commerce Commission matters and local council consent issues.

Prepare for the meeting - bring evidence of claims, substantiation, contracts and consent records. Be ready to discuss commercial goals and acceptable remedies.

Decide on a strategy - your lawyer can advise whether to negotiate, seek mediation, respond to a regulator, appeal an ASA decision, or take proactive steps to change marketing practices and reduce risk.

Keep records - retain copies of ads, approvals, research and consent logs, and document steps taken to comply and to remedy any problems.

If you are local to Feilding - consider lawyers and advisers based in Palmerston North and the wider Manawatu region who are familiar with local council practices as well as national advertising law.