Activism
Protests and the general criminal law
Taking videos and photos
Can I video or take photos of the police in public?
New Zealand Bill of Rights Act 1990, s 14 Summary Offences Act 1981, s 23
Generally, you are free to video or photograph people in public spaces without their consent, including the police. This is protected under the right to seek information in the Bill of Rights and is not against the criminal law.
However, you could be charged with obstructing police in the course of their duties if you get in their way.
Can I record a conversation with the police without telling them?
Crimes Act 1961, ss 216B, 216C
Yes. In New Zealand, you can record conversations with any person, as long as you are one of the people involved in the conversation. This is the case even if the other people involved are not aware.
It is generally illegal to intercept private conversations and other communications that you’re not a part of, including to record them. If convicted, you can be sentenced to up to 2 years in prison. Intentionally releasing any recordings of or disclosing any information about private communications that you knew had been illegally intercepted (including even about the existence of the communication) is also an offence that carries a penalty of up to 2 years in prison.
For more information, go to www.privacy.org.nz.
Note: Laws about the recording of conversations vary from place to place. In many places, including some Australian states, it is illegal to record telephone conversations without the consent of all people involved. This is something you should be aware of before recording calls with people outside New Zealand. While making a recording may be legal under New Zealand law, you may be committing a criminal offence under the laws of another country.
