Can I complain to OPC about receiving a marketing call or email?

We understand that it can be annoying to receive a marketing call or email, especially if you have asked the agency to stop contacting you. However, our investigation process is to help New Zealanders with serious privacy harms. For most of the privacy principles there is a threshold to meet in the Privacy Act for an interference with privacy, which is significant emotional harm(external link).

If you are in this situation, the reality is that the Privacy Commissioner is not going to investigate your complaint. 

You do have other options: 

• You can complain to the Advertising Standards Authority(external link) who investigate complaints about ads that aren’t legal, decent or honest. 
• You can sign up for the Marketing Association’s Do not call/Do not mail(external link).
• If your complaint is about spam emails, emails without an unsubscribe option, texts, or faxes contact the Department of Internal Affairs(external link). Please note, the Department does not investigate unsolicited phone calls, postal mail or pop-up messages.
• You can ask the agency where they got your contact details to see if you can remove your information from those sources.  

Read about ‘How can I stop getting direct marketing mail?(external link)’

Updated November 2025