Video Release Form (New Zealand)

A Video 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 — which came into force on 1 December 2020 and replaced the Privacy Act 1993 — governs how personal information, including video footage of identifiable individuals, is collected, stored, used, and disclosed. The Act establishes 13 information privacy principles (IPPs) that apply to organisations handling personal information. A Video Release Form demonstrates that the subject has given informed consent to the specified collection and use of their image and likeness, which is one of the exceptions under the Privacy Act that permits the use of personal information beyond its original collection purpose.

The Copyright Act 1994 (NZ) also governs video production in New Zealand. Copyright in a film — which includes the soundtrack and all footage — vests in the maker of the film. The Video Release Form does not address copyright ownership of the footage (which belongs to the production company or filmmaker), but rather the subject's consent to appear in and be distributed as part of that footage. The two are separate considerations.

The template is tailored for use in New Zealand. It references the Privacy Act 2020 and Copyright Act 1994, uses NZD dollar amounts, and includes special provisions for minors, screen credits, and interview statements. It follows New Zealand legal drafting conventions and is suitable for documentary film, corporate video, advertising, tourism content, and digital media productions.

New Zealand's Office of the Privacy Commissioner (OPC) oversees compliance with the Privacy Act 2020 and can investigate complaints from individuals who believe their privacy rights have been breached. If a production company uses footage without a valid release — or uses it outside the scope of a signed release — the subject may lodge a complaint with the OPC. Where a privacy breach has caused harm, the Human Rights Review Tribunal (HRRT) can award damages. Productions distributed internationally must also consider whether the footage complies with the privacy laws of the countries in which it will be shown, as the Privacy Act 2020 has extraterritorial reach in certain circumstances.

A Video Release Form is required in New Zealand whenever a video production features identifiable individuals and that footage is intended to be distributed, broadcast, or published publicly or commercially. Common situations include:

**Documentary film and television.** Documentaries, current affairs programmes, and television series that feature interviews with or footage of identifiable individuals require a Video Release Form from each participant.

**Advertising and commercial production.** Television commercials, online video advertisements, and branded content that feature actors, members of the public, customers, or employees all require Video Release Forms.

**Corporate video production.** Businesses that produce corporate overview videos, testimonial videos, recruitment videos, training content, or product demonstration videos featuring employees, customers, or parties need Video Release Forms.

**Tourism and destination marketing.** Tourism operators, councils, and Tourism New Zealand that commission video content featuring visitors, residents, or local personalities for use in promotional campaigns need Video Release Forms.

**Social media and digital content.** Content creators, influencers, and brands that produce video content for YouTube, Instagram, TikTok, Facebook, or other social media platforms featuring identifiable individuals need Video Release Forms.

**Event and conference recording.** Event organisers that record and distribute conference sessions, panel discussions, or event highlights featuring identifiable speakers or attendees need Video Release Forms.

**Educational video.** Educational institutions and training providers that produce instructional videos featuring students, staff, or external contributors need Video Release Forms.

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

**Parties.** Identify the Releasor (the person appearing in the footage) and the Releasee (the production company, filmmaker, or organisation) with full names, New Zealand addresses, NZBN (where applicable), and email addresses. For commercial productions, the Releasee should be identified by its legal entity name registered with the Companies Office.

**Minor Provisions.** If the subject is under 18, the form must be signed by a parent or legal guardian, with the minor’s name and date of birth recorded. The Children’s Act 2014 and the Privacy Act 2020 impose heightened obligations when handling personal information about minors.

**Video Project Details.** Identify the specific production — its title, filming dates, filming locations in New Zealand (city, region, or specific site), and a clear description of its nature and intended audience (e.g., corporate training video, tourism advertisement, documentary film).

**Type of Footage.** Specify whether the release covers video footage only, video and audio recordings, still photographs captured during filming, interview footage and verbal statements, or all of the above.

**Grant of Rights.** Clearly state the rights being granted — the right to use, edit, crop, adapt, broadcast, stream, distribute, and publish the footage — and list the specific permitted uses (e.g., television broadcast, online streaming, social media, corporate presentations). The grant should be sufficiently broad for the production’s actual distribution strategy.

**Territory and Term.** State the geographic territory (e.g., New Zealand only, worldwide) and the duration of the rights granted (fixed term or in perpetuity). Worldwide, perpetual grants are standard for most commercial and digital productions.

**Consideration.** Record what the Releasor is receiving in exchange — a participation fee in NZD, a screen credit, a nominal amount of NZD $1, or voluntary participation. Consideration is required for the release to be a binding contract under the Contract and Commercial Law Act 2017.

**Screen Credit.** Address whether the Releasor requires a screen credit in the final production, reflecting their moral right of attribution under the Copyright Act 1994, and if so, specify the form the credit should take.

**Moral Rights Waiver.** For productions requiring significant editing or composite use of footage, include a waiver of the Releasor’s moral right of integrity under the Copyright Act 1994 to the extent permitted by law.

**Privacy Compliance.** Acknowledge the Releasee’s obligations under the Privacy Act 2020 and its 13 information privacy principles, including the Releasor’s right to access and correct their personal information held by the Releasee, and the Releasee’s data security and retention obligations.

**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, with the Office of the Privacy Commissioner and the courts of New Zealand having jurisdiction. The forms-legal.com Video Release Form (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.