New Zealand Tightens Influencer Disclosure, Pricing Rules in Ad Code Overhaul

New Zealand's Advertising Standards Authority has opened a public consultation on proposed changes to its Advertising Standards Code. The review covers the main rulebook that governs all advertising in the country, from print and broadcast to digital and social media.

Submissions are open to advertisers, agencies, consumer groups, and government bodies. The Codes Committee will decide whether to amend the current code after reviewing all feedback.

Compliance grey zones targeted

The draft updates core rules in three areas that have created compliance grey zones as advertising shifted online: how commercial content is labeled, how prices are presented, and how personal data is used in advertising.

For agencies and brands managing campaigns in New Zealand, these proposed changes would affect how creative work is reviewed and approved before publication, not just how complaints are handled afterward.

Influencer disclosure tightened

The clearest change targets sponsored and influencer content. Under the draft, any content controlled directly or indirectly by an advertiser must be clearly recognizable as advertising, regardless of format or platform. That covers influencer posts, native advertising, and sponsored content.

The draft also says disclaimers and qualifying statements must be clearly visible and easy to understand. That directly challenges the practice of burying disclosure labels in caption text or using vague language that blends into the rest of a post. Labels like #sp or #collab are inadequate under the proposed wording. Only #AD or #ADVERT meet the minimum standard.

Breaches of existing influencer marketing rules can attract fines of up to NZD $200,000 under the Fair Trading Act 1986. The proposed changes are expected to raise the compliance bar further.

Pricing transparency requirements

The draft tightens rules on how prices are presented. Prices must be clear, accurate, and unambiguous. Unavoidable additional charges must be identified upfront. Discounts must reflect genuine usual prices.

Online retailers and performance marketers are most exposed here. Dynamic pricing, countdown promotions, and layered fee structures are common in digital commerce. The proposed wording signals closer scrutiny of how savings and total costs are shown to shoppers.

Personal data and advertising consent

A new section focuses on personal information. Advertisers may only use personal data in advertising if it is publicly available or if the consumer has given consent. Personalized direct advertising requires appropriate consent. Consumers must also be clearly told how to unsubscribe or opt out.

These provisions sit alongside existing privacy law, but the draft suggests the ASA wants advertising standards to set clearer expectations independently of data protection rules.

Testimonials and trust marks

The draft also covers testimonials and trust marks. Testimonials must be genuine, current, representative, and used with permission. Ads must not imply endorsement by an individual, organization, or government body without prior consent and verifiable support. Displaying official-looking approval marks without proper authorization would be restricted.

Where the consultation stands

The consultation follows the ASA's recent update to its Therapeutic and Health Advertising Code, which came into force on April 1, 2026. The broader code review is the next phase of the same modernization effort.

The Advertising Standards Code is routinely used in campaign sign-off across the industry. If the proposed changes are adopted, the approval checklist for influencer campaigns, performance marketing, and e-commerce advertising gets more demanding.

New Zealand's proposed changes land in a wider regional context. Singapore's MAS introduced new digital advertising guidelines effective March 25, 2026. Vietnam's amended advertising law, effective January 2026, extended direct legal liability to individual influencers. APEC published regional best practice recommendations for influencer advertising transparency in June 2025.

Feedback from the consultation will inform the Codes Committee's consideration of any amendments. No effective date has been announced.