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E-mail is regarded by some companies as a mainstream marketing option. Legislation that prohibits unsolicited electronic messages of a marketing nature is a basis to stop the growth of spam. The ideal solution would be an international framework of legislation and law enforcement, but, legislation around the world has been diverse. New Zealand has taken a wait and see attitude to spam legislation. Its discussion paper “Legislating Against Spam,” which was issued in May 2004, made considerable reference to the Australian approach. This paper considers the proposed New Zealand legislation in light of the Australian Spam Act 2003 and the New Zealand and Australian Memorandum of Understanding (MoU) on business law co-ordination. Does the proposed legislation go far enough? Legislation is a positive move. Without legislation, there is no basis from which New Zealand can address spam on a global basis. It is also a move to ensure sound business e-marketing practices which are essential as the Internet increases in importance for business communications. Spam is a global problem and reference is also included to the diverse approaches of the United Kingdom and the United States.