Advertising

Advertising in New Zealand needs to comply with our laws and regulatory codes, including the Fair Trading Act and Advertising Standards Codes of Practice.

How can A J Park help you?
We can help you ensure that your advertising complies with the laws and codes relevant to your product or help you deal with a complaint about your advertising.

We specialise in:
• reviewing proposed advertisements to ensure compliance with relevant laws and codes
• making pro-active suggestions about proposed advertisements to minimise the risk of complaint
• representing parties before the Court or Advertising Complaints Board in advertising matters
• advising on associated brand issues.

What laws are relevant?
The Fair Trading Act and Advertising Codes of Practice have wide application to advertising in New Zealand. While laws and codes specific to a product will often apply as well (for example, the Food Standards Code) the Fair Trading Act and Advertising Codes of Practice have universal application.

Advertising Codes of Practice
The Advertising Standards Authority (ASA) administers the Advertising Codes of Practice. These Codes provide the basis for public and competitor complaint about advertisements without recourse to the Courts.

Compliance with the Advertising Codes or reducing the risk of complaint to the ASA is an important part of marketing in New Zealand. If a complaint is upheld your advertisement will not be able to run in New Zealand. The ASA has a 100% enforcement record.

We regularly advise on compliance with the Advertising Codes and appear before the Advertising Standards Board of Complaints.

Fair Trading Act
The Fair Trading Act (FTA) is central to ensuring fairness in the New Zealand marketplace. The FTA requires that advertisements and labels do not mislead or deceive the public.

A J Park has been advising clients on compliance with the FTA since the Act's inception over twenty years ago. In that time we have regularly appeared before the Courts in cases involving the FTA.

When should I contact A J Park?
We recommend that you contact us at the conceptual stage or mock-up stage of your advertisement’s development.

If you want to object to someone else’s advertisement we recommend that you contact us as soon as you become aware of the advertisement.

Who should I contact at A J Park?
We have a specialist team drawing on our commercial and litigation skills. Links to the members of the team are given above.