Model Release Form (New Zealand)

A Model Release Form in New Zealand grants permission to record, use, and publish a person's image, likeness, or performance and waives related claims, consistent with the Privacy Act 2020. It identifies the released party, the claims or liabilities given up, and the activity or settlement it covers.

In New Zealand, the Privacy Act 2020 is the primary legislation governing the collection and use of personal information, which includes photographs of identifiable individuals. The Act establishes 13 information privacy principles (IPPs) administered by the Office of the Privacy Commissioner of New Zealand. Under IPP 3, individuals must be informed of the purpose for which their personal information is being collected at or before the time of collection. Under IPP 10, personal information may only be used for the purpose for which it was collected, unless an exception applies — including the individual's consent. A Model Release Form provides this informed consent and documents the scope of permitted use, helping the Releasee demonstrate compliance with the Privacy Act 2020.

The Copyright Act 1994 (NZ) protects copyright in photographs and gives the photographer (or their employer, in the case of works created in the course of employment) exclusive rights in the images from the moment of creation. The Model Release Form operates separately from the copyright — it grants the Releasee permission to use the model's image and personal information, while the copyright in the photographs remains with the photographer unless separately assigned. Both the copyright authorisation and the Privacy Act consent are necessary for lawful commercial use of the model's image.

Model Release Forms are essential for a wide range of commercial and creative industries in New Zealand: fashion and retail photography, advertising and marketing campaigns, editorial and magazine content, social media and influencer marketing, product packaging, billboards and outdoor advertising, and television and online video advertising. Without a valid Model Release Form, a Releasee who uses a model's image commercially may face a complaint to the Privacy Commissioner, a claim for breach of contract, or a claim for misuse of private information before the Human Rights Review Tribunal.

For models under 18 years of age, the Care of Children Act 2004 requires that a parent or legal guardian with parental responsibility sign the release on behalf of the minor. The contract must be in the minor's best interests, and extra care must be taken with any exclusivity obligations or long-term commitments that could restrict the minor's future career. New Zealand's Contract and Commercial Law Act 2017 governs the formation and enforcement of Model Release Form contracts, and disputes are subject to the jurisdiction of the High Court of New Zealand or the District Court.

The Human Rights Act 1993 provides additional protections in New Zealand. Using a model's image in a discriminatory or demeaning manner on grounds protected by the Human Rights Act 1993 may give rise to a complaint to the Human Rights Commission. A well-drafted Model Release Form that accurately defines the scope of permitted use under the Privacy Act 2020 and the Contract and Commercial Law Act 2017 reduces the risk of disputes and regulatory complaints.

A Model Release Form is required in New Zealand whenever a person's image, likeness, or voice is to be used commercially or publicly for purposes that go beyond the immediate context of the shoot. Common situations include:

**Fashion and commercial photography.** Any photographer or agency producing photographs for use in advertising, catalogues, product packaging, or retail promotions needs a Model Release Form from every identifiable model who appears in those images.

**Advertising campaigns.** Television, print, digital, and out-of-home advertising campaigns that feature identifiable individuals require model releases. This applies whether the model is a professional, a staff member, or a member of the public.

**Social media and influencer marketing.** Brands and agencies that use images of individuals in sponsored social media content, Instagram posts, YouTube videos, or TikTok campaigns need model releases from all featured individuals.

**Editorial content.** Magazines, newspapers, and online publications that use photographs of individuals in editorial contexts should have model releases, particularly where images are used in a commercial context or repurposed for advertising.

**Corporate and internal marketing.** Businesses that use images of employees, customers, or event attendees in annual reports, websites, newsletters, or presentations should have releases in place.

**Photography involving minors.** Any commercial use of photographs of children under 18 years requires the written consent of a parent or legal guardian with parental responsibility under the Care of Children Act 2004. The release must clearly identify the minor's name, date of birth, and the guardian's relationship to the child. The Privacy Act 2020 applies to personal information about minors, and extra sensitivity is required when using children's images in commercial or promotional contexts. The Office of the Privacy Commissioner of New Zealand can investigate complaints about misuse of children's personal information.

A Model Release Form is also required when repurposing archived campaign photography. Under Information Privacy Principle 10 of the Privacy Act 2020, personal information including photographs may only be used for the purpose for which it was collected. Using campaign photographs for a new campaign, product, or territory without an updated release may constitute a privacy breach reportable to the Office of the Privacy Commissioner of New Zealand. New Zealand modelling agencies should also assess whether their model agreements constitute employment relationships under Section 6 of the Employment Relations Act 2000, given the significant difference in legal obligations.

A well-drafted New Zealand Model Release Form should include the following key elements:

**Parties.** Identify the model (the person granting the release) and the Releasee (the photographer, agency, or brand receiving the rights) with full names, New Zealand addresses, NZBN (where applicable), and email addresses.

**Minor Provisions.** If the model is under 18, the form must be signed by a parent or legal guardian, identifying themselves and their relationship to the minor, along with the minor's name and date of birth.

**Shoot Details.** Describe the photoshoot or production session covered by the release, including the date, location, and nature of the project.

**Grant of Rights.** Clearly state the rights being granted — image, likeness, voice, and/or name — the permitted uses, media channels, territory, and duration.

**Modelling Fee.** State the fee in NZD and the payment terms. Also record any non-monetary consideration (such as receipt of photographs for portfolio use or complimentary products).

**Exclusivity.** If the model is agreeing not to model for competing brands, specify the scope and duration of the exclusivity obligation.

**Privacy Compliance.** Acknowledge the Releasee’s obligations under the Privacy Act 2020, including the model’s right to access and correct their personal information.

**Warranties.** The model should warrant that they have the legal capacity and authority to sign the release and have not granted conflicting rights to any third party.

**Governing Law.** Specify that the release is governed by the laws of New Zealand, including the Privacy Act 2020, the Copyright Act 1994, and the Contract and Commercial Law Act 2017. Disputes are subject to the jurisdiction of the High Court of New Zealand or the District Court. The Office of the Privacy Commissioner of New Zealand handles complaints about misuse of personal information including model photographs.

**Dispute Resolution.** Include a provision for resolving disputes — whether by negotiation, mediation, or referral to the appropriate New Zealand court. Many commercial parties include a mediation step before litigation, which is consistent with the Contract and Commercial Law Act 2017's encouragement of good-faith resolution.

The forms-legal.com Model Release Form (New Zealand) provides a professionally drafted template covering all of these elements, tailored to the Privacy Act 2020, Copyright Act 1994, and New Zealand commercial photography practice.

**Moral rights acknowledgement.** Under Sections 94 to 100 of the Copyright Act 1994 (NZ), moral rights attach to creative works. The release should address whether moral rights are waived or whether attribution is required.

**Sub-licensing rights.** Where the Releasee may wish to license the photographs to third parties, the release must expressly permit sub-licensing. Without this right, the Releasee cannot permit third parties to use the images even if the Releasee itself is authorised.

**Privacy Act 2020 compliance statement.** The release should confirm that the Releasee will handle the model's personal information in accordance with the 13 information privacy principles under the Privacy Act 2020 and that information will not be disclosed to third parties except as specified in the release.

The forms-legal.com Model Release Form (New Zealand) provides a professionally drafted template covering all Privacy Act 2020, Copyright Act 1994, and Contract and Commercial Law Act 2017 requirements for New Zealand commercial photography. Under Section 22 of the Privacy Act 2020, models retain the right to access any personal information held about them by the Releasee.