Affiliate Links In New Zealand: Legal Requirements And Best Practices

If you run a small business, affiliate marketing can be a smart (and relatively low-cost) way to grow your sales. But once you start putting affiliate links on your website, in your emails, or across social media, you’re not just “doing marketing” anymore - you’re making advertising claims, handling customer data, and building commercial relationships that can create real legal risk if you get it wrong.

The good news is that affiliate marketing is absolutely doable in New Zealand, and you don’t need to overcomplicate it. You just need to set up your legal foundations from day one, so you can promote confidently and reduce the risk of complaints, takedowns, or disputes with affiliate partners.

Below, we break down what an affiliate link is, when you should disclose it, the key laws and standards you should keep in mind, and the practical best practices that help you run affiliate campaigns properly.

What Is An Affiliate Link (And When Does It Become “Advertising”)?

An affiliate link is a tracking link that lets a business (the “merchant”) attribute a sale, lead, or other conversion to a third party (the “affiliate”). In return, the affiliate earns a commission or other benefit.

From a small business perspective, you might be involved in affiliate marketing in a few different ways:

• You’re the merchant - you run an affiliate program so other people can promote your products or services for a commission.
• You’re the affiliate - you promote third-party products on your website, newsletter, or social media and earn commission.
• You’re both - you have your own products, but you also recommend complementary products from other businesses.

Either way, the key legal idea is the same: if you’re using affiliate links to promote goods or services (including your own, or someone else’s), that content is usually treated as advertising or commercial promotion. That means consumer protection rules around truthful advertising and fair conduct can apply.

This is especially important for:

• blog posts that include “best of” lists, product comparisons, or “recommended tools” pages
• Instagram/TikTok/YouTube content that encourages viewers to click a link and buy
• email campaigns with affiliate offers
• discount codes or “exclusive deals” tied to affiliate tracking

Do You Need To Disclose Affiliate Links In New Zealand?

There isn’t a single “affiliate disclosure law” in New Zealand, but in many cases you should disclose affiliate relationships as a practical compliance step. Clear disclosure helps reduce the risk that your content could be seen as misleading or deceptive under the Fair Trading Act 1986, and it also aligns with New Zealand advertising guidance (including the Advertising Standards Authority (ASA) Advertising Standards Code) around making it obvious when content is advertising.

Why? Because affiliate marketing creates a financial incentive. If a customer (or follower) doesn’t understand that you may benefit from their purchase, that can create a misleading overall impression - even if everything you say about the product is technically true.

What Does A Good Affiliate Disclosure Look Like?

A good disclosure is:

• Clear (no vague hints or buried wording)
• Prominent (easy to see before someone clicks)
• Specific (it should be obvious you may earn commission)
• Repeated when needed (particularly across different channels)

Examples (adjust to suit your brand voice):

• On a blog post: “Some links in this article are affiliate links. If you buy through them, we may earn a commission at no extra cost to you.”
• On social media: “Affiliate link” or “Ad / affiliate” near the link or in the caption where people will actually see it.
• In an email: “This email contains affiliate links. We may receive a commission if you purchase.”

The main thing is that your disclosure shouldn’t be hidden in a footer, only inside a separate page nobody reads, or written in a way that a normal customer wouldn’t understand.

Where Should The Disclosure Go?

Placement matters. For most businesses, we recommend:

• On-page disclosure near the first affiliate link (and ideally at the top of the content if the content is heavily affiliate-driven)
• A dedicated disclosure section in your site policies (useful for repeat transparency and consistency)
• Channel-appropriate labels for short-form platforms (where users may never see a “policy” page)

If you’re running an ecommerce site or a content site, it’s also worth checking that your Website Terms And Conditions don’t contradict what you’re saying publicly (for example, by making broad disclaimers that could be seen as unfair or confusing).

What Laws Apply To Affiliate Links In New Zealand?

Affiliate marketing touches a few different areas of New Zealand law and advertising standards. You don’t need to memorise legislation - but you should understand the risk areas so you can set things up correctly.

Fair Trading Act 1986 (Misleading Or Deceptive Conduct)

The Fair Trading Act 1986 is the big one for affiliate marketing. In simple terms, it prohibits misleading or deceptive conduct in trade, and it also covers false or misleading representations about goods and services.

Affiliate marketing issues that can trigger risk under the Fair Trading Act include:

• promoting a product as “the best” or “guaranteed to work” without a reasonable basis
• claiming you’ve tested or used a product when you haven’t
• failing to make it clear your content is commercially motivated (including via commissions)
• using “limited time” or urgency claims that aren’t true
• publishing price claims that are out of date or misleading

If you’re the merchant running the affiliate program, you also need to think about what your affiliates are saying. Even if they create the content, their claims can create brand and compliance risk for you.

Consumer Guarantees Act 1993 (If You’re Selling To Consumers)

If you sell products or services to consumers in New Zealand, the Consumer Guarantees Act 1993 sets minimum guarantees around things like acceptable quality and fitness for purpose.

This matters for affiliate marketing because:

• you can’t “contract out” of these consumer guarantees for most consumer sales
• your marketing claims can shape customer expectations (and lead to disputes if the product doesn’t match what was promised)

If you’re the affiliate (not the seller), you generally won’t be responsible for fulfilling the consumer guarantees - but misleading marketing can still cause legal issues, takedowns, or reputational damage.

Privacy Act 2020 (Tracking Links, Analytics, And Customer Data)

Affiliate links typically involve tracking (cookies, identifiers, analytics, referral URLs). If your website collects personal information (directly or indirectly), the Privacy Act 2020 can apply.

Common examples in affiliate marketing include:

• capturing email addresses through lead magnets and then sending affiliate offers
• using cookies or pixels that track browsing behaviour
• sharing customer data with affiliate platforms or marketing tools

This is where having a properly drafted Privacy Policy becomes essential. It should reflect what you actually do (not what you think you do), including what data is collected, why you collect it, and who it’s shared with.

Spam Rules (If You Promote Affiliate Links By Email Or SMS)

If affiliate marketing is part of your email strategy, you also need to think about consent and unsubscribe requirements.

As a practical step, make sure your email campaigns align with New Zealand’s spam laws under the Unsolicited Electronic Messages Act 2007 and related guidance, including:

• only sending marketing messages to people who have consented (or where a permitted exception applies)
• including accurate sender information
• including a functional unsubscribe option

If you’re buying email lists or “scraping” emails, that’s where businesses often run into trouble fast.

How Can You Use Affiliate Links Safely? A Practical Compliance Checklist

Once you understand the legal risk areas, the next step is building a repeatable process you can apply every time you publish affiliate links.

Here’s a practical checklist many small businesses use.

1) Use Clear Disclosures Every Time

Don’t rely on a one-time “affiliate disclosure” page that no one reads. If a piece of content contains an affiliate link, disclose it where the user will see it.

Also make sure your team follows the same standard - particularly if more than one person publishes content on behalf of your business.

2) Make Claims You Can Back Up

If your marketing copy includes claims about outcomes, quality, performance, or savings, ask yourself:

• Can we prove this is true?
• Is it opinion clearly presented as opinion?
• Is there context that stops the statement being misleading?

This matters whether you’re recommending someone else’s product as an affiliate or recruiting affiliates to promote your own products.

3) Don’t Forget Your Website Legal Basics

Affiliate content often sits alongside other important site content: product pages, checkout flows, lead capture forms, and subscription offers.

That’s why your core web documents should still be in place, including:

• a Privacy Policy that reflects your tracking and marketing tools
• clear Website Terms And Conditions (particularly if you sell online)

If you’re publishing educational content, comparisons, or recommendations, you may also want a tailored disclaimer that suits your business model (for example, separating general information from professional advice, and clarifying how affiliate relationships work). Just be careful: disclaimers help, but they don’t “cancel out” misleading advertising.

4) Put The Right Agreements In Place (Merchant And Affiliate Side)

This is the part many businesses leave until there’s a dispute.

If you’re the merchant running an affiliate program, you should strongly consider having a written Affiliate Marketing Agreement that covers things like:

• commission structure and when commissions are payable
• valid vs invalid traffic/sales (and how fraud is handled)
• rules on advertising claims and brand use
• approved and prohibited channels (e.g. email, paid search, social)
• content standards, disclosure obligations, and takedown rights
• intellectual property use (logos, brand assets, product images)
• termination rights and what happens to unpaid commissions

If you’re the affiliate (especially if you’re working with creators or brand ambassadors), you may also need a clear Influencer Agreement so expectations are locked in, including disclosure obligations and who is responsible for what content.

5) Be Careful With Affiliate “Landing Pages” And Comparison Tables

Comparison tables, “top picks” pages, and landing pages can perform really well - but they’re also where businesses accidentally create misleading impressions.

Key tips:

• Update regularly (especially prices, availability, and promotions).
• Explain how you choose recommendations if the page looks “independent” but is commission-driven.
• Don’t hide important limitations in tiny footnotes.
• Keep records of the basis for any factual claims (helpful if you’re ever challenged).

Common Affiliate Link Mistakes Small Businesses Make (And How To Avoid Them)

Affiliate marketing is one of those areas where the day-to-day work feels simple, but the legal risk builds quietly in the background. These are some of the most common issues we see.

Mistake 1: Treating Affiliate Content As “Just A Personal Recommendation”

If your business publishes content to generate sales (including via commission), it’s commercial content. You should write and review it with advertising rules in mind.

Fix: Use consistent disclosures and make sure claims are accurate and supportable.

Mistake 2: Relying On Generic Disclaimers Or Overseas Templates

A generic “we’re not responsible for anything” template can be confusing, misaligned with New Zealand consumer law, or simply not match what your business actually does.

Fix: Use tailored terms and policies that reflect your real processes, products, and marketing channels.

Mistake 3: Not Controlling What Affiliates Say About Your Brand

If you’re the merchant, affiliates can create fast growth - but they can also create fast problems. Overpromising, fake urgency, “guaranteed results” claims, or unauthorised brand use can all come back to you.

Fix: Put clear rules and enforcement mechanisms in your affiliate agreement, and monitor high-performing affiliates regularly.

Mistake 4: Ignoring Privacy And Tracking Compliance

A single affiliate link might seem harmless, but affiliate programs often involve tracking tools that interact with personal information and marketing databases.

Fix: Make sure your privacy settings, cookie disclosures (where relevant), and Privacy Policy accurately describe what data you collect and why.

Mistake 5: Mixing Affiliate Promotions With Email Lists Without Proper Consent

Businesses sometimes assume “they subscribed once” means you can send anything forever. That’s risky, especially if the content becomes heavily promotional.

Fix: Get clear consent, segment your list where appropriate, and make unsubscribing easy and immediate.

Key Takeaways

• An affiliate link is a marketing tool, but it can still trigger legal obligations around truthful advertising, fair conduct, and privacy compliance.
• In New Zealand, clear and prominent disclosures are a strong best practice for affiliate marketing and can help reduce the risk of misleading impressions (including under the Fair Trading Act and relevant advertising standards).
• The Fair Trading Act 1986 is especially important for affiliate marketing - avoid claims you can’t back up, misleading “reviews”, or hidden commercial incentives.
• If your affiliate strategy involves tracking or customer data, the Privacy Act 2020 may apply, so having an accurate Privacy Policy is essential.
• If you promote affiliate offers by email or SMS, make sure your campaigns comply with New Zealand spam laws under the Unsolicited Electronic Messages Act 2007, including consent and unsubscribe requirements.
• If you run an affiliate program (or work with creators), strong contracts like an Affiliate Marketing Agreement or Influencer Agreement help you set clear rules and reduce disputes.

Note: This article is general information only and does not constitute legal advice. For advice about your specific situation, you should speak with a lawyer.

If you’d like help setting up affiliate terms, reviewing your website compliance, or making sure your marketing is legally protected from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.