Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in New Zealand

Plain-English summary

New Zealand permits a party to a private communication to record it under Crimes Act 1961 § 216B(5). Recording by a non-participant is a criminal offence. Commercial and organizational recording is governed by the Privacy Act 2020 and its Information Privacy Principles.

Statutory framework

  • Crimes Act 1961 § 216B. Criminalizes intentional interception of a private communication; § 216B(5) exempts a party to the communication.
  • Privacy Act 2020. Information Privacy Principles applicable to agencies that handle personal information.

Regulator guidance

The Office of the Privacy Commissioner enforces the Privacy Act 2020 and has issued guidance on call recording.

Privacy Act 2020 specifics

The 2020 Act significantly expanded the Privacy Commissioner’s powers, including mandatory breach notification and compliance notice authority.

Workplace and business calls

Workplace recording requires employee notice and a defined purpose. Recordings made without notice may be inadmissible in employment proceedings.

Cross-border and conflict-of-laws notes

For cross-border calls, the Crimes Act applies to recordings made in New Zealand. The Privacy Act applies extraterritorially to agencies that target the New Zealand market.

Penalties and remedies

Criminal: up to 2 years under Crimes Act § 216B for non-participant interception.

Civil: complaints to the Privacy Commissioner; damages by the Human Rights Review Tribunal up to NZD $350,000.

Practical guidance

  • Personal participant recording is lawful.
  • Commercial recording requires Privacy Act compliance.
  • Workplace recording requires notice.

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