DependsSurveillance

Is it legal to recording phone calls in New Zealand?

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Short answer: DependsRow state: verifiedSurveillance

Quick answer

Depends
Depends
Last verified: 2026-04-12Sources verified

Legal position

Current starter summary

Making an audio or visual recording without telling the other person can breach the Privacy Act in New Zealand, depending on who is recording, why they are recording, and the context.

Conditions

What would need to be true

If the recording is for an organisation or another non-domestic purpose, the general Privacy Act collection rules apply and covert recording may be unfair.

Exceptions

Known carve-outs or edge cases

The Privacy Act usually does not apply to purely domestic or household affairs, but that exception can fall away if the conduct is highly offensive.

Penalties

Penalty snapshot

The official privacy materials checked here do not give one fixed penalty for every recording scenario.

Enforcement

How this may be enforced

The Office of the Privacy Commissioner explains the Privacy Act position, and the Crimes Act can also apply if someone records a private communication they are not involved in.

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Compare this activity in other countries

This makes the rule page useful for comparison without creating a second data source.

Australia

Australia does not have a single clean national yes or no answer for recording phone calls because the OAIC says relevant state and territory laws apply and specifically notes laws covering the monitoring and recording of telephone conversations.

UnclearSurveillance

Austria

Austria’s criminal-law rule on recording non-public speech can apply to call recording, so there is no clean national yes or no without checking consent and legal authority.

DependsSurveillance

Belgium

Belgium's data protection authority says it is in principle prohibited to record electronic conversations, including professional phone conversations, unless a recognized exception applies.

DependsSurveillance

Canada

Recording a phone call in Canada is not a flat yes or no because a private communication cannot be knowingly intercepted unless one of the parties consents or another legal exception applies.

DependsSurveillance

About this row

Canonical dataset status

Country hubNew Zealand
Topic hubSurveillance
Row stateverified

Reset rule

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