NZ PRIVACY POLICY LAW: INDIRECT COLLECTION GUIDANCE

What is it? As of 1 May 2026, if you collect personal information about someone from a source other than the person themselves, you must take reasonable steps to let them know.

Common Real Estate Examples:

• Receiving a buyer/seller lead from a referral partner (mortgage broker, lawyer, past client).
• Getting an inquiry via a third-party portal (TradeMe Property, Realestate.co.nz).
• A landlord providing their tenant’s contact details for an appraisal.
  
  

1. How to Notify People (Keep it Simple!)

You don't need to read a legal disclaimer. You just need to tell them how you got their details, why you have them, that they are held securely by us and that they can request information or correct the information anytime. Do this during your very first contact.

Use these approved templates:

• The First Email Template:

"Hi [Name], [Referrer's Name / TradeMe Property] recently passed your contact details on to me so that I could reach out and assist you with your property search. I've added your details to our database to send you relevant properties. Your information is held securely by us. You have the right to request or correct your information at any time, or simply let me know if you'd prefer I remove you from my list. Are you free for a quick call this week?"

• The Post-Phone Call SMS (If you called them first):

"Hi [Name], great chatting just now! As mentioned, [Referrer] gave me your number so I could help with your property goals. I’ve saved your details in our system. You can access or update your info anytime. Full privacy policy here: https://www.atrealtysupport.com.au/a/solutions/articles/14000163657
 Talk soon! - [Agent Name]."

 2. When You DO NOT Need to Notify Them (The Exceptions)

The Privacy Act includes several common-sense exceptions. You do not need to send a notification if any of the following apply:

• They already know:The person is already aware you have their information.
  • Example: A past client sends an email introducing you to their friend and cc’s the friend in the email.
• The information is publicly available:You found their details in a public directory or registry that is explicitly open for public use.
  • Example: You look up a local business owner's contact information on their public company website to ask about their commercial leasing needs.
• It’s not reasonably practicable:It is impossible or unreasonably difficult to contact them.
  • Example: A lead comes through a portal, but the phone number provided is disconnected and the email address immediately bounces back.
• It’s just for statistics:You are using the information for research in a way that doesn't identify the person.
  • Example: You receive a list of recent neighbourhood sale prices and demographics to analyse market trends but no individual names or contact details are used in your marketing.
• No prejudice to their interests: Notifying them wouldn't prejudice their interests or notifying them would actually prejudice the commercial position of the agency (Note: Use this exception cautiously and consult Compliance if unsure).
  
  

Still unsure? Contact our Business & Compliance Officer on (phone number) or (Email address).