Cease and Desist Letter (New Zealand)
[Letter Date]
[Sender Name]
[Sender Address]
Email: [Sender Email]
Phone: [Sender Phone]
SENT BY EMAIL AND POST
To: [Recipient Name]
[Recipient Address]
RE: FORMAL NOTICE TO CEASE AND DESIST — [Claim Type]
Dear [Recipient Name],
We write on behalf of [Sender Name] ("we" or "our client") in connection with your conduct constituting [Claim Type].
This letter constitutes formal notice to you of our client's legal rights and demands under New Zealand law. We require your immediate attention to the matters set out below. If you are represented by a lawyer, please provide a copy of this letter to them immediately.
1. OUR CLIENT'S RIGHTS
[Rights Description]
2. YOUR INFRINGING CONDUCT
It has come to our client's attention that you are engaging in the following conduct:
[Infringing Conduct]
This conduct constitutes [Claim Type].
We hold evidence supporting the above claims, including: [Evidence Summary]. We are prepared to produce this evidence in any legal proceedings.
3. APPLICABLE NEW ZEALAND LAW AND CONSEQUENCES
Your conduct gives rise to liability under New Zealand law. Specifically:
- Under the Fair Trading Act 1986 (NZ), section 9 prohibits conduct in trade that is misleading or deceptive or likely to mislead or deceive. Sections 10–16 prohibit specific forms of false or misleading representations. Contraventions may result in injunctions, damages, and pecuniary penalties of up to NZD $600,000 for individuals and NZD $3,000,000 for companies.
- Under the Copyright Act 1994 (NZ), the copyright owner may seek injunctions, damages (including additional damages under section 121 for flagrant infringement), an account of profits, and delivery up of infringing copies. Criminal offences apply to commercial-scale infringement.
- Under the Trade Marks Act 2002 (NZ), registered trade mark owners may seek injunctions, damages or an account of profits, erasure of infringing marks, and delivery up of infringing goods. The Intellectual Property Office of New Zealand (IPONZ) has jurisdiction over trade mark opposition and cancellation proceedings.
- Under the Patents Act 2013 (NZ), patent owners may apply to the High Court of New Zealand for injunctions and damages or account of profits for patent infringement. The High Court has jurisdiction to grant both interim and final injunctions restraining infringement.
4. OUR CLIENT'S DEMANDS
Our client requires you to take the following actions:
[Demands List]
5. RESPONSE REQUIRED
You are required to respond to this letter and confirm your compliance with all of the above demands within [Response Deadline] days of the date of this letter, that is by [Deadline Date].
Your response must be in writing and addressed to [Sender Name] at [Sender Email] or [Sender Address].
6. CONSEQUENCES OF NON-COMPLIANCE
If you fail to respond by [Deadline Date] or fail to comply with all of the above demands, our client will, without further notice to you, commence proceedings against you in [Intended Court] seeking: [Intended Remedies].
Our client will also seek an order for costs against you on an indemnity basis given the nature of this conduct and your failure to respond to this notice.
We draw your attention to the court's power to award significant additional damages for flagrant infringement under the Copyright Act 1994 (NZ) and to the substantial pecuniary penalties available under the Fair Trading Act 1986 (NZ).
7. PRESERVATION OF EVIDENCE
You are hereby put on notice that you must preserve all documents, electronic records, correspondence, and other materials relating to the conduct described in this letter. Destruction, deletion, or alteration of relevant evidence after receipt of this notice may constitute contempt of court and may give rise to adverse inferences being drawn against you in any legal proceedings in New Zealand.
8. ALTERNATIVE DISPUTE RESOLUTION
Our client is open to resolving this matter by negotiation or mediation. If you wish to discuss this matter, please contact us before the deadline specified above. Mediation under the auspices of the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) may also be available. However, our client reserves the right to commence proceedings if a satisfactory resolution is not reached by [Deadline Date].
9. RESERVATION OF RIGHTS
Nothing in this letter shall be construed as a waiver of any of our client's legal rights or remedies under New Zealand law, all of which are expressly reserved. Our client reserves the right to seek additional relief and to supplement the particulars set out in this letter in any legal proceedings.
We trust that this matter can be resolved promptly without recourse to litigation. We await your prompt response.
Yours faithfully,
[Sender Name]
[Sender Address]
[Sender Email]
[Sender Phone]
Sender
________________
Signature
What Is a Cease and Desist Letter (New Zealand)?
A Cease and Desist Letter in New Zealand formally puts the other party on notice of a concern or claim and states what is required to resolve it, supporting later action under the Companies Act 1993.
New Zealand intellectual property law provides rights-holders with a thorough suite of statutory remedies. The Copyright Act 1994 (NZ) protects original literary, dramatic, musical, and artistic works, films, sound recordings, broadcasts, and typographical arrangements. Copyright in New Zealand vests automatically on creation — no registration is required. Under section 120 of the Copyright Act 1994, the copyright owner may seek injunctions, damages (including additional damages for flagrant infringement under section 121), an account of profits, and delivery up of infringing copies.
The Trade Marks Act 2002 (NZ) governs registered trade marks in New Zealand. Trade marks are registered through the Intellectual Property Office of New Zealand (IPONZ). A registered trade mark owner has the exclusive right to use the mark in relation to the goods or services for which it is registered, and may bring infringement proceedings in the High Court. IPONZ administers opposition and cancellation proceedings, which are an alternative or parallel mechanism for challenging conflicting marks.
The Patents Act 2013 (NZ) governs patents for new inventions. New Zealand patents are granted by IPONZ following examination. The Patents Act 2013 replaced the Patents Act 1953 and introduced substantive examination of patent applications against novelty and inventive step requirements. Patent infringement proceedings are brought in the High Court.
The Fair Trading Act 1986 (NZ) prohibits misleading or deceptive conduct in trade (s 9) and specific forms of false representations (ss 10–16). This Act is enforced by the Commerce Commission and provides private rights of action for damages under section 43. The FTA is frequently used as an alternative or additional basis to statutory IP claims — particularly in passing off and unfair competition contexts where the conduct is likely to mislead consumers about the source or affiliation of goods or services.
When Do You Need a Cease and Desist Letter (New Zealand)?
A New Zealand Cease and Desist Letter is appropriate whenever a person or business becomes aware that their intellectual property rights or other legal rights under New Zealand law are being infringed by another party.
Copyright infringement is one of the most common reasons for issuing a cease and desist letter in New Zealand. This includes unauthorised copying of software, websites, photographs, written content, music, films, and graphic designs. Because copyright in New Zealand arises automatically on creation without registration, many copyright owners are unaware that their works are protected and that infringement is occurring.
Trade mark infringement is another frequent basis for a cease and desist letter in New Zealand. This includes the use of a business name, logo, domain name, or product name that is identical or confusingly similar to a registered New Zealand trade mark. IPONZ maintains the official trade mark register which is publicly searchable. Even unregistered trade marks may be protected under the common law tort of passing off.
Misleading and deceptive conduct under section 9 of the Fair Trading Act 1986 is a broad ground covering conduct in trade that is likely to mislead consumers — including false comparative advertising, misleading product descriptions, bait advertising, and imitation of a competitor's branding or trade dress in a way likely to cause confusion.
Breach of confidence is another ground for a cease and desist letter — for example, where a former employee or contractor is using confidential business information, customer lists, pricing data, or trade secrets in breach of their contractual and equitable obligations.
In all of these situations, the cease and desist letter serves the dual function of formally putting the infringer on notice of the rights-holder's claim and giving the infringer an opportunity to cease the conduct voluntarily — which is often a faster and less expensive resolution than commencing court proceedings. The letter also creates a clear evidentiary record that the rights-holder acted promptly upon becoming aware of the infringement.
What to Include in Your Cease and Desist Letter (New Zealand)
An effective New Zealand Cease and Desist Letter must contain several key elements to be compelling, legally grounded, and procedurally sound under New Zealand law.
Identification of the rights-holder: the letter must precisely identify the sender — full legal name (for companies, the registered name ending in Limited or Ltd and the NZBN), address, phone, and email. The sender must be the owner or authorised licensee of the rights being enforced.
Description of the rights: the letter must clearly describe the specific rights being infringed — for copyright, describe the nature of the work and confirm ownership; for registered trade marks, state the IPONZ registration number, the mark, the registered class or classes, and the registration date; for patents, state the New Zealand patent number and the claims alleged to be infringed.
Description of the infringing conduct: the letter must specifically and factually describe what the recipient is doing, when it started, and why it constitutes infringement of the stated rights. Include URLs, screenshots, product names, dates, and any other identifying information. Vague allegations are less persuasive and create a risk of a groundless threats claim under the Trade Marks Act 2002 or Patents Act 2013.
Legal basis and consequences: the letter should state the specific New Zealand statute or common law principle giving rise to the claim, and summarise the consequences of continued infringement — including injunctions, damages (including additional damages under section 121 of the Copyright Act 1994 for flagrant infringement), account of profits, and pecuniary penalties under the Fair Trading Act 1986.
Specific demands: state precisely what the recipient is required to do — cease all use of the infringing mark or material, remove content from websites and social media, deliver up or destroy infringing goods, provide written undertakings, and pay compensation. Include a clear deadline — typically 14 days for IP matters.
Intended proceedings: identify the court or body where proceedings will be commenced — typically the High Court of New Zealand for IP infringement, or IPONZ for trade mark opposition or cancellation — and the remedies to be sought. Reference the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) as an alternative dispute resolution option. The forms-legal.com Cease and Desist Letter (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Cease and Desist Letter (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/letters/cease-and-desist-letter-new-zealand
"Cease and Desist Letter (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/letters/cease-and-desist-letter-new-zealand.
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author = {{Forms Legal}},
title = {Cease and Desist Letter (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/letters/cease-and-desist-letter-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
A cease and desist letter in New Zealand is a formal written demand requiring a person or organisation to stop engaging in conduct that infringes the sender's legal rights under New Zealand law. New Zealand law does not prescribe a specific mandatory form for pre-litigation demand letters, but such letters serve the important practical function of putting the recipient on formal notice of the claim and providing them with an opportunity to resolve the dispute before court proceedings are commenced. In intellectual property matters, the relevant New Zealand legislation — the Copyright Act 1994, Trade Marks Act 2002, Patents Act 2013, and Designs Act 1953 — each provide rights-holders with the ability to seek injunctions, damages, and other relief in the High Court of New Zealand. The Fair Trading Act 1986 provides separate bases for claims involving misleading or deceptive conduct (s9) or false representations (ss 10–16). A cease and desist letter is typically the first formal step before commencing such proceedings.
The Copyright Act 1994 (NZ) provides a thorough range of civil remedies for copyright infringement. Under section 120, the copyright owner may claim an injunction to restrain further infringement, damages for the loss suffered, and additional damages under section 121 where the infringement was flagrant, having regard to the benefit derived by the defendant and the conduct of the defendant after they became aware of the infringement. The court may also award an account of profits as an alternative to damages under section 120(2). Section 122 provides for the delivery up of infringing copies and articles used for making them. Section 123 allows for the disposal or destruction of infringing copies on application to the court. Criminal offences apply under Part 6 of the Copyright Act 1994 for commercial-scale infringement. Under section 226 of the Copyright Act 1994, a person commits an offence if they knowingly infringe copyright for financial gain.
Section 9 of the Fair Trading Act 1986 (NZ) prohibits conduct in trade that is misleading or deceptive, or that is likely to mislead or deceive. Sections 10–16 prohibit specific forms of false or misleading representations — including false representations about the nature, characteristics, suitability, or quantity of goods or services. This provision is frequently used in New Zealand intellectual property disputes as an alternative or additional basis to statutory IP rights, particularly where the infringer's brand or product get-up is likely to cause consumers to confuse it with the rights-holder's. The Commerce Commission is responsible for enforcing the FTA and may seek pecuniary penalties of up to NZD $600,000 for individuals and NZD $3,000,000 for companies, injunctions, and other orders. Private litigants may claim damages under section 43 of the FTA for loss suffered as a result of a contravention.
Yes. New Zealand intellectual property statutes contain provisions that make it unlawful to make groundless threats of infringement proceedings. Under section 106 of the Trade Marks Act 2002 (NZ), a person who threatens another person with trade mark infringement proceedings may themselves be sued for damages and an injunction if the threat is groundless. Similarly, section 127 of the Patents Act 2013 (NZ) prohibits groundless threats of patent infringement proceedings. A threat is 'groundless' if the conduct complained of does not actually constitute infringement. To minimise the risk of a groundless threats action, you should require that the allegations in your cease and desist letter are well-founded before sending it, and consider taking legal advice from a New Zealand solicitor or patent or trade mark attorney before proceeding. The Copyright Act 1994 does not have an equivalent groundless threats provision, but a claim for unjustified threats could be made at common law in some circumstances.
Intellectual property disputes in New Zealand are primarily heard in the High Court of New Zealand, which has jurisdiction over all IP matters under the Copyright Act 1994, Trade Marks Act 2002, Patents Act 2013, and Designs Act 1953. The High Court has specialist judges experienced in commercial and IP matters. For trade mark matters, the Intellectual Property Office of New Zealand (IPONZ) administers the trade marks register and has jurisdiction over trade mark opposition and cancellation proceedings. IPONZ Assistant Commissioners hear opposition and cancellation matters. Parties may appeal IPONZ decisions to the High Court. The District Court of New Zealand has jurisdiction over copyright and other IP disputes involving lower-value claims. For Fair Trading Act 1986 claims, both the High Court and District Court have jurisdiction. The Commerce Commission also has enforcement powers under the FTA. AMINZ (Arbitrators' and Mediators' Institute of New Zealand) provides mediation and arbitration services for IP disputes.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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