Filming Consent Forms: Legal Requirements In New Zealand

If you run a small business, filming content can be one of the fastest ways to build trust and grow your brand. Think: a quick behind-the-scenes clip, customer testimonials, staff training videos, or social media reels from your shop floor.

But once a camera is rolling, so are your legal responsibilities.

In New Zealand, there isn’t one single “filming consent law”. Instead, filming consent forms sit at the intersection of privacy law, employment obligations, intellectual property, and fair marketing practices. Getting it right from day one can save you awkward disputes, takedown requests, staff issues, and reputational damage later.

This guide breaks down how filming consent forms work in NZ, when you need them, what they should include, and practical steps to collect consent without slowing your business down.

What Are Filming Consent Forms (And Why Should Your Business Care)?

Filming consent forms are written agreements where a person gives you permission to record them (video and/or audio) and to use that recording for specific business purposes.

They’re sometimes also called:

• video consent forms
• release forms
• talent releases
• model releases
• media consent forms

From a practical business perspective, the point of a filming consent form is simple: it creates clarity about what you can do with footage, and it gives you evidence of permission if someone later changes their mind.

Common Business Uses For Filming Consent Forms

In small businesses, filming consent forms often come up when you’re recording:

• Marketing content (social media posts, ads, website videos)
• Testimonials (customer reviews on camera)
• Events (open days, workshops, product launches)
• Training materials (how-to videos, internal training modules)
• Workplace content (behind-the-scenes videos, day-in-the-life staff content)

If the footage identifies a real person (for example, their face, voice, name, or distinctive features), you should assume you’ll need a clear consent pathway.

When Do You Need Filming Consent Forms In New Zealand?

A good rule of thumb is: if you’re filming someone identifiable and the footage will be used for marketing, promotion, or any other external/public purpose, you should strongly consider getting written consent.

That said, your approach can vary depending on context. Here are common scenarios for businesses.

1) Filming Customers In Your Shop, Studio, Or Venue

If customers might be identifiable, consent matters. This is especially true if you’re using the footage for marketing (for example, posting a reel showing people in your store).

For “background crowd” footage, some businesses use clear signage at the entrance explaining that filming is happening and what it may be used for. Signage can help set expectations, but it won’t always be enough on its own-particularly for close-ups, interactions, or testimonials where the person is the focus. In those situations, it’s usually best practice to get express consent (ideally in writing).

2) Filming Testimonials Or Case Studies

Testimonials are high-value content, and also higher risk if expectations aren’t managed. A person might be happy to speak on camera, then later feel uncomfortable if the video is repurposed into paid ads or boosted posts.

A filming consent form should spell out exactly how you can use the footage (and whether it can be edited, reused, and published across different platforms).

3) Filming Employees At Work

This is one of the most sensitive areas for small businesses. Even if it’s “your workplace”, staff still have privacy rights and employment protections.

It’s not just about consent, either-you need to consider whether filming is reasonable, how it’s communicated, and whether staff might feel pressured to agree.

If your filming overlaps with workplace monitoring (like CCTV), it’s worth checking the legal considerations around cameras in the workplace and having a clear internal policy (often supported by an Employee privacy handbook).

4) Filming Children Or Vulnerable People

If your business involves children (for example, childcare, tutoring, sports, events, family-friendly venues), you should treat consent as essential. In most cases, you’ll want parent/guardian consent in writing before filming or using footage.

This is an area where “we asked verbally” can quickly become unreliable.

5) Filming On Someone Else’s Property

If you’re filming at a location you don’t own or control (even if it’s “just for social media”), you may need permission from the property owner or occupier-particularly if you’re setting up lights, staging shots, or the location is recognisable and tied to a brand.

This is where a Location Release Form can be the difference between smooth production and a last-minute cancellation.

Key New Zealand Legal Issues To Think About Before You Film

Filming consent forms don’t exist in a vacuum. Here are the main legal areas that commonly affect NZ businesses.

Privacy Act 2020 (Personal Information And Consent)

In NZ, the Privacy Act 2020 regulates how personal information is collected, used, stored, and disclosed. Video or audio that identifies someone (or can reasonably identify them) will often be “personal information”.

For businesses, the big takeaways are:

• You should be transparent about what you’re collecting and why.
• You should only collect information that’s necessary for a lawful purpose.
• You should protect footage from misuse, leaks, or unauthorised access.
• You should have a clear privacy position (especially if footage is linked to customer profiles or marketing databases).

If you collect personal information through filming (for example, email addresses alongside testimonials, or tagged customer videos), a Privacy Policy is often part of your overall compliance and customer trust-building.

Employment Law And “Genuine Consent” From Staff

When filming staff, it’s not enough that someone says “okay” in the moment-especially if the power imbalance means they might feel they can’t say no.

To reduce risk, you should:

• give staff advance notice and a real choice (including the option to opt out of being featured)
• avoid linking “consent” to performance reviews or roster preferences
• make sure the filming purpose is clear (internal training vs public marketing)
• document consent properly and store it securely

For many businesses, a policy-based approach (supported by a written handbook and clear processes) is just as important as the consent form itself.

Fair Trading Act 1986 (Misleading Marketing And Endorsements)

If you’re filming customers, influencers, or “real users” for promotional content, you need to make sure what you publish isn’t misleading.

Under the Fair Trading Act 1986, businesses must not engage in misleading or deceptive conduct. This can matter if:

• testimonials imply results that aren’t typical
• you edit footage in a way that changes meaning
• you present paid endorsements as “organic” customer reviews
• you make claims in the video that can’t be substantiated

A consent form won’t “fix” misleading advertising, but it can help confirm what the person agreed to, what you can edit, and how it can be used.

Copyright And Ownership Of Footage

Another common question is: who owns the footage?

In New Zealand, copyright ownership depends on who created the footage and the terms you agreed (for example, whether the footage was created by an employee in the course of their job, or by an external videographer/contractor under a contract). Even if you’ve obtained permission from the person being filmed, that doesn’t automatically mean you own the copyright in the recording.

You can run into issues if:

• someone else filmed it and you’re reusing it without permission
• the footage includes third-party music, artworks, posters, or branding
• the agreement with your videographer doesn’t clearly assign rights to your business

Consent from the person being filmed is different from copyright ownership-ideally, you manage both.

What Should A Filming Consent Form Include For NZ Businesses?

A good filming consent form is clear, specific, and written in plain English. It should protect your business without feeling intimidating for the person signing.

Here are the clauses we commonly recommend considering.

1) Who Is Giving Consent (And Who Is Receiving It)

• Full legal name of the participant
• Business/entity name receiving the consent (your company/sole trader name)
• Date and signature

If you operate through a company, ensure the company name is correct and consistent across your documents.

2) What You’re Recording

Spell out what the filming covers, for example:

• video, photographs, and audio recordings
• interviews and “behind-the-scenes” footage
• their name, voice, image, and likeness

This reduces the risk of disputes later where someone says “I agreed to photos, not video” (or vice versa).

3) The Purpose Of Filming And Where It Will Be Used

This is often the most important part. You want permission to use footage across the channels you actually use, such as:

• your website
• social media accounts
• online advertising (including paid ads)
• email marketing
• printed marketing materials
• internal training materials

If you’re commissioning content intended to be used broadly, you’ll likely want a comprehensive release like a Model Release Form (even when the person isn’t a “model” in the traditional sense).

4) Editing And Creative Control

Most businesses need the right to:

• edit footage (for length, clarity, branding, formatting)
• combine with other footage
• add subtitles, graphics, music, and effects

If you don’t cover this, you risk someone later objecting to normal post-production steps.

5) Duration: How Long Consent Lasts

Some consent forms are limited (for a single campaign), while others are ongoing. Either can work-what matters is that it matches your real use.

If you want to keep using a testimonial video for years, your form should reflect that. If it’s for a time-limited promotion, define the timeframe.

6) Withdrawal Of Consent (What Happens If Someone Changes Their Mind)

This is where many businesses get caught out.

Even with a signed consent form, someone may later ask you to stop using or remove content. Your form can set clear expectations about how withdrawal requests will be handled (for example, whether it applies only to future use, and what happens if the content has already been published, shared, or included in paid campaigns). In practice, you may still decide to remove content as a relationship or reputational decision-but it helps to have a consistent process and wording you can rely on.

A well-drafted clause can help you manage this conversation calmly and consistently.

7) Payment Or Benefits (If Any)

If you’re giving the person something in return (a discount, free product, appearance fee), document it. This helps avoid disputes like “you said I’d get X” and also helps you show the arrangement was transparent.

8) Special Considerations: Minors, Group Filming, And Sensitive Contexts

Depending on your business, you may need tailored clauses to deal with:

• children/minors (guardian consent and confirmation of authority)
• group filming (events, classes, workshops)
• sensitive information (health services, counselling, fitness assessments)

If you’re in a creative or media-heavy business, you may also want to use a specialised Photography & video consent form that matches how you actually shoot and publish content.

How To Collect Filming Consent In Practice (Without Killing The Vibe)

Most small business owners don’t want a legal document to interrupt a great customer moment. The good news is: you can build a simple, repeatable consent process that feels natural and still protects you.

Step 1: Decide What Kind Of Consent You Need

Before filming, ask:

• Is the person clearly identifiable?
• Is the footage for internal use only or public marketing?
• Is it a close-up/testimonial, or background crowd footage?
• Is anyone under 18 involved?

Your answers will shape whether you use signage, a quick written release, or a more detailed filming consent form.

Step 2: Use Layered Consent (Signage + Written Forms Where Needed)

Many businesses use a “layered” approach:

• Signage at entry points for general filming in public-facing areas (events, workshops, busy retail spaces).
• Written consent forms for anyone featured directly (testimonials, interviews, staff spotlights).

This approach can help you communicate clearly and reduce surprises, but it isn’t a one-size-fits-all solution. If someone is being featured or is easily identifiable (especially in a close-up), it’s safer to get express consent.

Step 3: Keep The Form Short, Clear, And Consistent

If your consent form is too long or overly legalistic, people won’t read it (or they’ll hesitate and say no). Aim for plain English and a format your team can use consistently.

If you’re using digital forms (QR codes, tablets, online waivers), make sure you can store and retrieve signed records easily.

Step 4: Train Your Team On What To Say

Your process is only as good as your team’s confidence using it.

Give staff a simple script, for example:

• “We’re filming some content for our socials today-are you okay to be in the shot?”
• “This is a quick consent form that lets us use the footage on our website and social media.”
• “No worries at all if you’d prefer not to be filmed-just let us know.”

This matters because consent should feel genuine, not pressured.

Step 5: Don’t Forget The “Behind The Camera” Contracts

Many businesses focus on consent from the people being filmed, but forget the production side.

If you’re hiring a videographer, contractor, or agency, you’ll also want to make sure your contract covers:

• who owns the footage (and whether copyright is assigned to your business)
• how the footage can be used
• delivery formats and deadlines
• what happens if there’s a dispute over content

This is where having strong, tailored agreements (not generic templates) becomes part of protecting your content strategy long-term.

Key Takeaways

• Filming consent forms help you get clear, written permission to record identifiable people and use that footage for your business, especially for marketing and promotions.
• In New Zealand, filming intersects with multiple legal areas, including the Privacy Act 2020, employment obligations, and the Fair Trading Act 1986 (particularly for testimonials and advertising claims).
• You should take extra care when filming employees, children, or anyone in a sensitive setting, because consent needs to be genuine and well-documented.
• A strong filming consent form usually covers what is being recorded, where it will be used, editing rights, how long consent lasts, and how withdrawal requests will be handled.
• Practical consent processes often combine signage for general filming with written releases for anyone featured directly (like testimonials, interviews, and staff spotlights)-but signage alone won’t always be enough, especially for close-ups.
• It’s usually worth getting your filming consent forms drafted or reviewed properly, because small wording issues can create big uncertainty when content is already live.

This article is general information only and does not constitute legal advice. If you need advice about your specific situation, get in touch with a lawyer.

If you’d like help putting the right filming consent forms in place (or reviewing what you’re currently using), reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.