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New Zealand law explained for everyone

Crimes Act 1961

Crimes against personal privacy - Intimate visual recordings

216I: Prohibition on possessing intimate visual recording in certain circumstances

You could also call this:

“It's against the law to keep private pictures or videos of someone without their permission.”

You can be punished if you have an intimate visual recording in your possession. There are two main situations where this applies:

  1. If you have an intimate visual recording and you plan to publish, export, or sell it, you could go to prison for up to 3 years. This applies if you know it’s an intimate visual recording or if you’re not sure but take the risk anyway.

  2. If you have an intimate visual recording and you know that’s what it is, you could go to prison for up to 1 year. This applies even if you don’t plan to do anything with it, unless you have a good reason for having it.

An intimate visual recording is a type of private picture or video of someone. It’s important to respect people’s privacy and not keep these kinds of recordings without permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329857.

Topics:
Crime and justice > Criminal law
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216H: Prohibition on making intimate visual recording, or

“It's not allowed to secretly take pictures or videos of someone's private parts or when they're naked.”

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216J: Prohibition on publishing, importing, exporting, or selling intimate visual recording, or

“It's against the law to share, bring in, take out, or sell private pictures or videos of people without their permission.”

Part 9A Crimes against personal privacy
Intimate visual recordings

216IProhibition on possessing intimate visual recording in certain circumstances

  1. Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate visual recording—

  2. for the purpose of publishing, exporting or selling the intimate visual recording; and
    1. knowing it to be an intimate visual recording, or being reckless as to whether it is an intimate visual recording.

      1. Everyone is liable to imprisonment for a term not exceeding 1 year who, without reasonable excuse, has in his or her possession an intimate visual recording knowing it to be an intimate visual recording.

      Notes
      • Section 216I: inserted, on , by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).