Media Release Form (New Zealand)

Under the Privacy Act 2020, personal information (including images and recordings of identifiable individuals) is subject to the Act's Information Privacy Principles (IPPs). Information Privacy Principle 1 requires that personal information is collected only for a lawful purpose connected with the organisation's functions and only if collection is necessary for that purpose. Information Privacy Principle 2 requires that information is collected directly from the individual wherever practicable. Using a media release form satisfies these requirements by obtaining direct, informed consent from the individual for the specific use of their image and personal information. While the Privacy Act 2020 does not strictly require a signed form for every use of a person's image, obtaining written consent through a media release form is established standards, provides clear evidence of consent, and helps avoid complaints to the Privacy Commissioner under the Act. The Privacy Commissioner can investigate complaints and order remedies, including compensation. A well-drafted media release form also protects the organisation against defamation and other claims.

Using images of identifiable individuals for marketing purposes without their consent raises Privacy Act 2020 concerns, even if those images were originally posted publicly on social media. Under the Privacy Act 2020, Information Privacy Principle 10 provides that personal information shall not be used for a purpose other than the purpose for which it was collected, unless the individual concerned has authorised its use for another purpose. Posting a photo publicly on a personal social media account does not constitute consent to its use by a business for commercial marketing. To legally use images of employees, customers, or event participants for marketing, the organisation should obtain a signed media release or consent form specifying that the individual's image may be used for marketing purposes, including on social media, websites, and promotional materials. Employment agreements may include a general consent clause for work-related use, but specific consent for marketing materials is preferable. The Privacy Commissioner has issued guidance making clear that organisations should not assume public social media content can be freely repurposed for commercial use.

Yes. For children and young people under the age of 16, parents or legal guardians must provide consent for the collection and use of the child's personal information, including photographs, video recordings, and other media, under the Privacy Act 2020. For children aged 16 and over, the child themselves may be able to provide informed consent, but for commercial or promotional uses, it is advisable to obtain both the young person's consent and the parent's consent. Schools, sports organisations, childcare providers, and other organisations working with children should have a effective media consent policy and use signed media release forms for all children. These forms should clearly explain: what images or recordings will be taken; how they will be used (website, social media, print publications, television); who will have access to them; how long they will be retained; and how to withdraw consent. Under the Children's Act 2014 (formerly the Children, Young Persons, and Their Families Act), organisations working with children have additional safeguarding obligations, and misuse of children's images could have serious legal and reputational consequences.

In New Zealand, if a person's image is used without their consent, they may have remedies under several legal frameworks. Under the Privacy Act 2020, they can make a complaint to the Privacy Commissioner if the use of their image involves a breach of the Information Privacy Principles (IPPs) — for example, if it was collected for one purpose and used for another without consent. The Privacy Commissioner can investigate, mediate, and if necessary refer serious cases to the Human Rights Review Tribunal, which can award damages. Under the Copyright Act 1994, the person may have rights in photographs they took of themselves (selfies), but in most cases the photographer (the organisation) owns the copyright. Under common law, a person may have a claim for misappropriation of personality, breach of confidence, or (in limited circumstances) defamation if the image is used in a false or misleading context. The Fair Trading Act 1986 may also be relevant if the use creates a false impression. In practice, the Privacy Act 2020 is the most commonly used mechanism, and the Privacy Commissioner's office is a free and accessible avenue for complaints.

A Media Release Form (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Privacy Act 2020 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.