Can You Film People In Public? NZ Privacy Laws Explained

If you run a small business in New Zealand, chances are you’ve thought about filming content at some point. Maybe it’s a behind-the-scenes TikTok in your café, a customer testimonial at your market stall, or a street-style shoot outside your retail store.

But there’s a common question that comes up quickly: is filming people in public actually legal - and if it is, what do you need to do to avoid privacy complaints, reputational damage, or a platform takedown?

The good news is that filming in public isn’t automatically “illegal” in New Zealand. The tricky part is that what you film, how you film it, and what you do with the footage afterwards can change the legal risk significantly.

Below, we’ll break down the key privacy and related legal issues that affect filming in public, with a focus on what matters most for businesses, marketers, and content creators. (This article is general information only - get legal advice for your specific situation.)

Is It Legal To Film People In Public In New Zealand?

In general, filming in public places in New Zealand is often lawful, because public spaces usually come with a lower expectation of privacy than private spaces.

However, it’s not as simple as “public place = no privacy”. As a business owner or creator, you’ll want to think in terms of:

• Where you’re filming (public street, inside a shop, at an event, near a school, etc)
• What you’re capturing (faces, conversations, children, sensitive situations)
• How identifiable people are in the final content (clear face, name badge, number plate, distinctive clothing)
• Why you’re filming (security, marketing, training, entertainment, journalism)
• What happens next (posting publicly, monetising, storing in your business systems)

A useful practical way to approach it is this: the filming itself may be low-risk, but publishing the footage can be where legal issues arise.

If you’re filming inside your premises (even if the public can enter), you should treat that differently than filming on the street. Private property owners can set conditions of entry, and signage/consent becomes more relevant. If your filming is primarily for staff or security, workplace rules can also apply - especially if employees are being recorded while working. (For example, internal policies and privacy considerations often come up when are cameras legal in the workplace is the question you’re trying to answer.)

How The Privacy Act 2020 Applies To Filming People In Public

The main privacy law businesses need to keep in mind is the Privacy Act 2020. This applies to “agencies” (which includes most businesses) when they collect, use, store, and disclose personal information.

Two important nuances:

• The Act generally won’t apply to individuals acting in a purely personal/domestic capacity - but it often will apply to businesses, sole traders, and creators filming for business or monetised content.
• There are also exemptions in some situations (for example, certain news media activities) - so the legal position can be context-specific.

Footage can be “personal information” if a person is identifiable - even if you don’t know their name. If their face is clear, or you capture other identifying details (like a name tag, voice, or a unique situation), you may be collecting personal information.

What Counts As “Collecting” Personal Information?

If you record someone on a phone, DSLR, CCTV, body cam, or even a doorbell camera, that may be treated as collecting personal information.

For a business, collection obligations are most relevant when:

• you’re filming as part of your marketing (content creation for social media, website, ads)
• you’re filming customers in or around your premises
• you’re recording audio along with video (this often increases sensitivity)
• you’re using surveillance for loss prevention or safety

Key Privacy Principles That Matter For Content Creators And Businesses

The Privacy Act is built around privacy principles. You don’t need to memorise them, but you should understand the business-friendly takeaway: be transparent, collect only what you need, protect it, and don’t use it in unfair or unexpected ways.

In practice, that often means:

• Be clear that filming is happening (signage, verbal notice, event messaging)
• Have a reason for filming that makes sense (marketing, documenting an event, security)
• Avoid over-collecting (don’t film more people or more detail than you need)
• Secure your footage (especially if stored in cloud platforms or shared with contractors)

If your business collects personal information more generally (including video content, mailing lists, online orders, booking enquiries), you’ll usually want a Privacy Policy that reflects what you actually do, rather than a generic template.

Does The Privacy Act Stop You From Filming In Public?

Not automatically. The Privacy Act doesn’t create a simple “yes/no” rule that says filming people in public is allowed or prohibited.

Instead, it raises questions like:

• Did you collect the footage fairly?
• Would a reasonable person expect to be filmed in that situation?
• Did you give appropriate notice?
• Are you using the footage for the purpose you implied at the time?
• Are you disclosing it (posting/publishing) in a way that could be unfair or harmful?

This is why the same public filming can look very different legally depending on whether you’re shooting a general crowd scene versus zooming in on one person and posting them as the “star” of your content.

When Filming People In Public Can Create Legal Risk

Even when you’re technically in a public place, there are situations where filming can cross the line and create real legal exposure (or at least complaints that are time-consuming and damaging to deal with).

It’s also worth remembering privacy risk isn’t limited to the Privacy Act - depending on the circumstances, issues can arise under other legal frameworks too (including common law privacy torts, defamation, harassment, and criminal law).

1) Sensitive Or Humiliating Situations

If you film someone in a situation that could reasonably be embarrassing, distressing, or invasive - even in public - you increase the risk of:

• privacy complaints (including to the Office of the Privacy Commissioner)
• platform reports and takedowns
• defamation allegations (if your caption implies wrongdoing)
• reputational harm to your brand

Example: filming a customer having a medical episode outside your shop to “raise awareness” might feel well-intentioned, but it’s high-risk content and rarely worth it commercially.

2) Children And Vulnerable People

Filming children is not automatically illegal in public, but it’s a major reputational and privacy risk for businesses. If your content includes minors, be careful about:

• whether the child is a main subject vs incidental background
• whether a parent/guardian is present and can provide consent
• how widely the content will be distributed
• whether any identifying information is shown (school uniform, signage, location tags)

As a practical rule, if a child is recognisable and featured, you should strongly consider getting written consent and thinking about a release process (more on that below).

3) Audio Recording And Conversations

Audio tends to escalate privacy issues because it can reveal more personal information than video alone.

If your content captures customer conversations, phone calls, or private discussions, you should tread carefully. Even where filming in public is lawful, recording audio can create separate legal and privacy issues depending on context and expectation.

For example, in New Zealand there can be a big difference between (a) recording a conversation you are a participant in, and (b) intercepting or recording other people’s conversations that you are not part of. If you’re unsure, get advice before you rely on “it was in public” as a safe rule.

If your business records calls as part of customer service or bookings, the compliance approach is typically different again, and you’ll want clear processes and disclosures in place (similar to what applies under call recording laws).

4) Harassment Or Persistent Targeting

Filming becomes much more risky if it looks like you’re targeting an individual, following them, or repeatedly filming them after they’ve objected.

Even if you think it’s “content”, the other person may see it as harassment. If you’re asked to stop filming, or to delete content, it’s often smart to pause and reassess rather than doubling down.

5) Intimate Or Highly Private Content

There are also situations where filming can become criminal (not just a privacy complaint issue). New Zealand has laws around intimate visual recordings and other conduct that can be illegal even if it happens in a place accessible to the public.

If you’re anywhere near content involving:

• changing rooms
• bathrooms
• upskirting/downblousing
• sexual content recorded without consent

Don’t treat it as “just a privacy risk” - get legal advice immediately. This isn’t an area for guesswork.

How To Film People In Public Safely As A Business (Practical Checklist)

If you’re creating content for your business, you’re usually not trying to cause trouble - you’re trying to grow your brand, build trust, and market what you do.

The best approach is to build a simple internal process so your team can capture great content without creating avoidable legal and reputational risk.

Step 1: Decide Whether People Are “Incidental” Or “Featured”

A crowd shot of a market, a wide street scene, or an ambient clip where no one is singled out is generally lower risk than featuring one identifiable person as the subject of your post.

Ask yourself:

• Is anyone clearly the “main character” in this clip?
• Would that person be identifiable to friends, colleagues, or themselves?
• Is the context neutral, or could it be embarrassing or controversial?

Step 2: Use Signage And “Just-In-Time” Notices

If you’re filming outside your store, at an event, or in a space you control (or have permission to use), signage can help set expectations.

For example:

• “Filming taking place for social media today.”
• “By entering this area, you may be photographed or filmed.”
• “Please speak to staff if you don’t want to be featured.”

This won’t solve every situation, but it supports an argument that you collected footage fairly and transparently.

Step 3: Get Consent When Someone Is Featured (Especially For Commercial Use)

If you’re using footage to promote your business (ads, website hero video, paid social, posters, PR), it’s often worth getting clear consent - ideally in writing.

This is where a Model Release Form can be useful, because it clarifies:

• what content was captured
• where it can be used (social media, website, advertising)
• whether the person will be paid or credited
• how long you can use the content for

If you’re filming on someone else’s premises (or a distinctive location), a Location Release Form can also help, because property rights and usage permissions are a separate issue from personal privacy.

Step 4: Be Careful With Testimonials And “Spontaneous” Interviews

Customer testimonials are fantastic marketing - but they’re a classic place where businesses accidentally record personal information (health details, financial stress, relationship details, employment issues) because the customer starts oversharing.

Before you hit record, consider a quick script like:

• What you’ll be asking
• Where you’ll post it
• The option to stop or redo the clip

Also be careful about how you edit and caption it. The risk isn’t just the raw footage - it’s what your post implies.

Step 5: Have A Consent Process For Events, Workshops, And In-Store Content

If you run classes, activations, or in-store events, you’ll often get better results (and fewer complaints) if you have a simple consent approach baked in:

• signage at entry
• a note in ticket/booking confirmations
• a staff member designated to handle “please don’t film me” requests

If you need something more formal for regular filming (for example, fitness studios, workshops, education-style content, or community events), a tailored Consent Form can be a practical way to keep records consistent.

Posting, Storing, And Handling Requests About Footage

For many businesses, the biggest risk doesn’t come from capturing footage - it comes from what happens after you capture it.

How Long Should You Keep Footage?

Keeping video forever “just in case” can increase your risk (and your storage obligations). A good privacy habit is to keep footage only as long as you need it for the purpose you collected it.

For example:

• Marketing clips: keep raw footage until editing is complete, then archive only what you need
• Event footage: keep for a defined campaign window
• Security/CCTV: keep for a short retention period unless needed for an incident

What If Someone Asks You To Remove A Video?

You might get requests like:

• “Please take that down, I didn’t realise you were filming.”
• “That clip is affecting my job.”
• “I don’t consent to being used in your advertising.”

There isn’t always a single automatic rule that forces you to delete, but as a business, you should take the request seriously and respond promptly. Often, the most commercial, low-drama response is to remove or edit the content if it’s reasonable to do so.

People also sometimes refer to a “right to be forgotten”. New Zealand doesn’t have an identical standalone right like some overseas jurisdictions, but deletion requests can still come up under privacy principles depending on context. If you’re dealing with takedown/deletion requests regularly (especially online), it’s worth understanding the general idea behind the right to be forgotten and how it interacts with privacy expectations.

What If Someone Asks For A Copy Of The Footage?

Because video can be personal information, individuals may sometimes request access to footage that includes them. There are processes and exceptions under the Privacy Act, and how you respond depends on the situation.

This is one of those moments where having clear internal steps (and getting advice if you’re unsure) can save you a lot of time.

Don’t Forget Third Parties (Editors, Agencies, Contractors)

If you outsource editing or social media management, you may be sharing footage containing personal information with third parties.

That means you should think about:

• who has access to raw files
• how files are transferred (shared drives, links, email, messaging apps)
• whether the contractor can reuse clips for their own portfolio
• confidentiality expectations and IP ownership

It’s not just a “privacy” issue - it can also be a contract and IP issue. Getting your documents right early is part of protecting your business from day one.

Key Takeaways

• Filming in public is often lawful in New Zealand, but your legal risk depends heavily on context and what you do with the footage afterwards.
• The Privacy Act 2020 can apply to businesses filming identifiable people, because video can be “personal information” even if you don’t know someone’s name (but exemptions and context can matter).
• Content that targets an individual, captures sensitive situations, includes children, or records private conversations is higher risk and should be handled with extra care.
• For marketing and commercial content, it’s often worth using clear written permissions like a Model Release Form and having a sensible consent/signage process at events and in-store.
• How you store, share, and respond to removal/access requests about footage matters - good privacy handling is a practical business habit, not just a legal technicality.
• If your team regularly creates content, setting up a consistent process (and getting tailored legal advice where needed) can help you move fast without unnecessary risk.

If you’d like help putting the right privacy and consent documents in place for your content, or you’re dealing with a complaint about filming in public, get in touch with Sprintlaw at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.