Filming On Private Property In New Zealand: Legal Rules For Businesses

If you’re a small business in New Zealand, filming content can be one of the fastest ways to market what you do - from product videos and social media reels to training videos, testimonials, and full ad campaigns.

But once you move from a “quick phone video” to filming on private property (whether it’s your own premises, a client site, a rented venue, or someone’s home), there are a few legal rules you really want to get right from day one.

The good news is that most legal risk here is preventable. With clear permissions, the right documents, and some basic privacy and safety checks, you can film confidently and avoid nasty surprises later (like being told to remove content after you’ve spent money promoting it).

Note: This article is general information only and isn’t legal advice. Because the rules can change depending on where you’re filming, who is involved, and how you’ll use the footage, it’s worth getting advice on your specific situation.

What Counts As Filming On Private Property (And Why It Matters)?

In plain terms, filming on private property means recording video (and often audio) in a place that isn’t public land - and where access is controlled by an owner or occupier.

For businesses, this commonly includes filming in or at:

• your shop, salon, café, gym, clinic, warehouse, or office
• a leased retail or commercial space (even if customers can walk in)
• a client’s premises (for example, a tradie filming a job site for marketing)
• a private venue you’ve hired for a shoot
• someone’s home or residential property
• back-of-house areas (staff rooms, stock rooms, kitchens, loading bays)
• private land around a building (carparks, courtyards, driveways)

This matters because on private property, the property owner/occupier can set the rules - including whether you can film at all, where you can film, and what conditions apply.

It also matters because private property filming often captures:

• identifiable people (customers, staff, visitors)
• private or sensitive information (computer screens, documents, health info)
• intellectual property (artwork, signage, music, branded materials)
• security layouts and access systems

Once that content is published, it can create privacy, IP, consumer law, and reputational issues - even if you didn’t mean to capture those things.

Do I Need Permission To Film On Private Property?

In most business situations, you should assume you need permission before filming on private property, unless you are clearly the owner/occupier with authority to approve filming.

Even then, it’s worth pausing and checking: do you have the legal right to approve filming, or does someone else need to sign off (like a landlord, body corporate, property manager, or client)?

Owner Vs Occupier: Who Can Say “Yes” (Or “No”)?

In practical terms, permission usually comes from the owner or the occupier (the person/entity in control of the property at the time - often a tenant or business operator).

Examples:

• You lease a retail space: you can usually approve filming inside your leased premises, but the landlord may control common areas (like shared corridors, entrances, or carparks).
• You film at a client site: the client might need to approve, but they may also need permission from their landlord or head office.
• You hire a venue: your venue hire terms may restrict filming, lighting rigs, drones, or public access changes.

If permission is unclear, that’s when a short written agreement can save a lot of back-and-forth later.

Is A Verbal “Okay” Enough?

A verbal “sure, go ahead” might feel fine in the moment - but it’s risky if there’s ever a dispute about what was allowed.

For example, the property owner might later say:

• they didn’t agree to filming customers (only the space)
• they agreed to film, but not to publish the footage online
• they agreed to film for internal training, not paid advertising
• they didn’t approve filming signage or identifiable features of the property

For anything commercial (especially ads, paid social, or content that will live online long-term), getting written permission is the smart move.

What If Someone Asks You To Stop Filming?

On private property, if the owner/occupier withdraws consent and asks you to stop, continuing to film can expose you to legal and practical consequences (including being asked to leave, and potentially trespass issues).

If your business is filming regularly, it helps to have a clear process: who approves filming, how you notify people, and what you do if someone objects.

What Laws Should Businesses Think About When Filming On Private Property?

There isn’t one single “filming on private property law” that covers everything. Instead, your legal obligations usually come from a few key areas - and which ones apply depends on what you’re filming, who is involved, and how you’ll use the footage.

Privacy Act 2020: People And Personal Information

If your footage identifies someone (face, voice, name badge, unique tattoos, even a number plate in some contexts), you’re dealing with personal information and should think about privacy compliance.

Key practical points for businesses:

• Be transparent: let people know filming is happening (signage helps, but isn’t always enough on its own).
• Only collect what you need: don’t film more than necessary for your purpose.
• Store footage safely: restrict access, and don’t keep it forever “just in case”.
• Be careful with sensitive contexts: health, counselling, kids, or other vulnerable groups need extra care and (often) clear, informed consent.

If you collect personal information as part of your marketing or content strategy, having a clear Privacy Policy is a simple way to explain what you collect, why you collect it, and how people can contact you about it.

Audio Recording: Extra Caution

Many “filming” setups record sound as well - and sound can be more legally and commercially sensitive than video (because it captures conversations, pricing discussions, customer complaints, health details, etc).

It’s not just about whether a camera is visible. Your mic might be picking up background discussions you didn’t intend to record.

In New Zealand, whether you need consent to record audio can depend on the situation (for example, whether you’re a party to the conversation and what people reasonably expect). Even where a recording isn’t outright unlawful, recording and then using the audio (especially publishing it) can still create privacy and reputational risk.

If you’re recording calls or conversations as part of your filming or content workflow, it’s worth checking the basics around call recording laws and making sure you’re being upfront about what’s happening.

Workplace Filming: Employees, Surveillance, And Policies

If you’re filming at your business premises, there’s a decent chance your staff will appear in the background - or you may want to feature them directly in content.

Even if your intentions are positive, workplace filming can raise real issues about:

• consent and comfort levels (especially if filming feels “mandatory”)
• how footage is used (organic social vs paid ads vs internal training)
• power imbalance (staff may not feel free to say no)
• workplace surveillance concerns

As a starting point, it helps to understand cameras in the workplace and then build a process that fits your actual business (including clear communication and sensible boundaries).

Health And Safety: You’re Still Responsible During A Shoot

A filming day can introduce extra hazards - lighting stands, cables, crowded walkways, moving vehicles, temporary signage, and people focusing on the camera rather than their surroundings.

Under the Health and Safety at Work Act 2015, your business must take reasonably practicable steps to keep workers and others safe. Depending on the setup, that can include:

• doing a basic risk assessment (even a simple checklist)
• keeping filming equipment out of walkways
• managing public access if customers are present
• making sure contractors (camera operators, editors) are working safely

If you’re filming on someone else’s site, make sure you’re aligned on who manages which risks - don’t assume “the property owner will handle it”.

Drones: Civil Aviation Rules And Property Rights

Drones are increasingly common for real estate, construction, tourism, rural businesses, and brand content. Even when you’re “only filming the building”, drones can create privacy and safety concerns for neighbouring properties.

Drone use in NZ is regulated (including by Civil Aviation rules), and you may also need permission from the landowner/occupier where you’re taking off/landing. It’s also worth thinking about whether you’re flying near or over other private property, and what that could mean from a safety, privacy, and complaints perspective.

If drones are part of your plan, it’s worth getting specific advice for your situation rather than relying on assumptions.

What Agreements And Releases Should You Have In Place?

This is the part many businesses skip - and it’s where problems often show up later, when content is ready to publish and someone suddenly says: “Hang on, you can’t use that.”

The right paperwork helps you lock in:

• permission to access and film on private property
• permission to use someone’s image/voice
• who owns the footage and final edits
• what happens if the shoot is cancelled or delayed
• legal risk allocation (including safety responsibilities)

Location Permission (Location Release)

If you’re filming on private property you don’t own, a Location Release Form (or a more detailed location agreement) is often the cleanest way to confirm you have the right to film there and use the footage commercially.

A strong location agreement usually covers:

• the exact location (address and specific areas you can use)
• dates and times you can access the property
• what you can film (and any restricted areas)
• how the footage can be used (ads, social media, website, internal use)
• any approvals required (for branding, signage, or sensitive areas)
• fees, if the owner is charging for the location
• damage and indemnity (who pays if something is broken)

If the property is also your leased premises, you may want to cross-check your lease terms so you’re not breaching any restrictions around signage, alterations, access, or use of common areas.

People On Camera: Model Releases And Consent

If identifiable people appear in your marketing, it’s safest to get a written release - especially for “featured” people (testimonials, staff profiles, brand ambassadors, customer case studies).

A Model Release Form can help you document consent and avoid disputes about how someone’s image is used.

Practical examples where releases are strongly recommended:

• customer testimonials (especially paid partnerships or incentives)
• before/after content (beauty, fitness, cosmetic services)
• staff appearing in ads that will run long-term
• any content involving children (get parent/guardian consent)

For incidental background appearances (like a busy café shot), releases can be impractical. In those cases, clear signage, filming at quieter times, blurring faces, or using camera angles that don’t identify people can reduce risk.

Safety And Risk: Waivers (Sometimes)

Depending on the shoot, you might also consider a Waiver for participants - for example, if people are taking part in an activity being filmed (fitness challenges, events, workshops) and there’s a real risk of injury.

Waivers aren’t a magic shield, and you still must meet your health and safety obligations, but they can help set expectations and manage certain risks.

Who Owns The Footage? Contractor Agreements Matter

If you hire a freelancer or production team (videographer, photographer, editor), don’t assume your business automatically owns everything they create.

Ownership and usage rights should be clearly covered in your contract, including:

• whether your business owns the raw footage and final edits
• whether the contractor can use the footage in their portfolio
• what happens if you stop working together
• delivery timelines and revision rounds

This is also where you should address confidentiality if filming captures behind-the-scenes processes, customer lists, or sensitive operational details.

How Do You Film Customers, Staff, Or Visitors Without Creating Problems?

Most filming disputes don’t start with someone “trying to sue”. They start with someone feeling surprised, uncomfortable, or ignored - and then asking you to take the content down once it’s already public.

Here’s a practical approach businesses can use to keep things smooth.

1) Be Clear Before You Hit Record

If filming will happen in a space where people will enter (like a shop), consider:

• signage at entrances (“Filming in progress today”)
• verbal notice where appropriate (“Just letting you know we’re filming content today”)
• a filming area where people can choose not to enter
• an alternative service option (for customers who don’t want to be filmed)

This is especially important if you’re filming on private property that feels “public” (like a retail store). Customers may not expect to be recorded for marketing just because they walked in.

2) Manage Staff Consent Properly

With staff, try not to rely on informal consent in a group setting (where someone might feel pressured).

Instead:

• explain what you’re filming and where it will be used
• give staff a genuine option to opt out (without consequences)
• consider separate written consent for featured roles
• avoid filming in break rooms, bathrooms, or areas where privacy is expected

If filming is part of someone’s role (for example, a spokesperson), it’s worth reflecting that in an employment agreement or a role description so expectations are clear from the start.

3) Don’t Accidentally Capture Confidential Or Sensitive Information

When you’re filming on private property (especially in workplaces), it’s easy to capture things like:

• customer forms on a counter
• health or appointment details on a screen
• whiteboards with internal KPIs or staff rosters
• access codes, alarm panels, key boxes

A simple “camera-ready check” before filming - clearing desks, turning screens away, removing documents - can prevent a lot of headaches.

4) Think About Your Advertising And Consumer Law Risks

If filming is for promotions, your content must still comply with general marketing rules. For example, the Fair Trading Act 1986 prohibits misleading or deceptive conduct.

That means you should be careful about:

• before/after claims (make sure they’re realistic and not misleading)
• pricing and discount claims (don’t create a false “was/now” impression)
• testimonials (they should be genuine and not edited to change meaning)

If your content includes endorsements, paid partnerships, or gifted products, make sure you’re also thinking about transparency so your advertising doesn’t mislead your audience.

Key Takeaways

• Filming on private property usually requires permission from the owner or occupier, and written permission is best for anything commercial.
• Privacy compliance matters if you capture identifiable people or personal information, especially in sensitive contexts or where customers don’t expect to be filmed.
• Workplace filming needs extra care because of employee consent, power imbalance, and surveillance concerns - set clear expectations and boundaries.
• Health and safety obligations still apply during filming, particularly where equipment, crowds, or contractors create extra risk.
• Use the right documents like a Location Release Form and Model Release Form to protect your rights to film and publish content.
• Confirm ownership and usage rights with videographers and editors so you control the footage you’ve paid for.

If you’d like help setting up filming permissions, releases, or contracts that protect your business, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.