What are the laws around recording and taking pictures on private private property without consent?

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tehgerbil

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#260135 12-Nov-2019 13:51

I know you're allowed to film where there's no existing expectation of privacy - at the beach etc with the caveat of indecent recordings, such as people changing etc.

Hypothetical situation -

A man entering a companies offices while filming a video and arguing with staff.

These offices are open to the public, but closed off from walk-ups and down a long drive, so a destination for customers, rather than a walk-through.

Is the company legally entitled to ask this person to stop filming or are they powerless to stop this person?

I know you can legally record telephone conversations in New Zealand as we have 'single consent' law, wondering where this comes in to it.

Thanks for your help, a google wasn't cutting the mustard.

wellygary

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#2352272 12-Nov-2019 14:11

You have basically described the M.O of Fair Go, 60 minutes and a multitude of other investigative TV programmes,

There is an implied right to walk in to the door of an office, factory etc,

However this can be removed be asking the person to leave the premise, If they fail to do that they would be subject to a charge of trespass,

Have a look at this, its mainly about the media using this tactic, but would also cover an individual, but if they are just going to stick it on facebook et al , they it may be difficult to stop them,,,

https://ir.canterbury.ac.nz/bitstream/handle/10092/4915/12627472_Using%20Trespass%20in%20Newsgathering%20RNZ%2027%20October%202010.pdf?sequence=1

BlinkyBill

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#2352320 12-Nov-2019 15:20

You can only record YOUR OWN telephone conversations in NZ.

If you were secretly filming then in most cases this would not be considered fair by the courts. There is an ‘expectation of privacy’ test that is applied as well - the changing rooms of a public swimming pool is expected to be private while the pool itself is not.

i doubt that an office for public trading would be considered private; whereas a doctor’s consulting office would be considered private. In your hypothetical example, if you were overtly filming, you would be ok to film until you were asked to stop filming.

BTR

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#2353161 14-Nov-2019 10:43

The easy way around this is signage that says no cameras.

bluedisk

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#2353190 14-Nov-2019 12:09

You can film/record in any public place like a road or footpath, but not on private property like shopping malls, businesses etc. Hospitals and airports are usually no go areas as well.

You are allowed to record on the way to asking for permission but once this has been denied you are supposed to turn off the recording device and leave the premises straight away.

Life is a daring adventure or nothing at all...

BlinkyBill

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#2353211 14-Nov-2019 12:28

bluedisk:

You can film/record in any public place like a road or footpath, but not on private property like shopping malls, businesses etc. Hospitals and airports are usually no go areas as well.

You are allowed to record on the way to asking for permission but once this has been denied you are supposed to turn off the recording device and leave the premises straight away.

For the purposes of the Privacy Act, shopping malls, businesses, hospitals and airports are not considered private since the public use them. According to the Privacy Commissioner, the test is whether there is an *expectation* of privacy that drives any restriction.

you are allowed to record in an area where there is no expectation of privacy.

If there is a posted notice restricting filming then that notice sets the expectation of privacy, and so you can’t film.

being requested to turn off a recording device does not mean you have to leave the premises straight away, that would be subject to a second and specific request.

i don’t understand why someone would post incorrect opinion, rather than actual information.