Photo and Video Release (New Zealand)

In New Zealand, a photo consent form and a photo release serve related but distinct purposes. A photo consent form is typically used by non-commercial organisations (schools, sports clubs, community groups) to obtain consent to photograph participants and use those photos in newsletters, websites, or promotional materials. It is primarily a Privacy Act 2020 compliance tool, ensuring that the organisation collects and uses personal information (photographs) lawfully. A photo and video release is a broader legal document used in commercial and professional contexts — by photographers, filmmakers, advertisers, and media companies — to obtain a subject's written authorisation to use their image, likeness, voice, and biographical information for specific commercial purposes, in exchange (or not) for payment or other consideration. A release typically assigns or licenses the intellectual property and personality rights in the subject's image, and may include provisions about how the images can be edited, combined with other content, or used over time. Under the Copyright Act 1994, the photographer owns the copyright in photographs they take, but using an identifiable person's image for commercial purposes requires the person's consent under the Privacy Act 2020 and general personality rights principles.

Under the Copyright Act 1994, the author of a photograph or film is the first owner of the copyright. For photographs, the author is the person who makes the necessary arrangements to take the photograph — typically the photographer, not the subject. For films, the author is the person who makes the necessary arrangements to make the film. Where photographs or films are taken in the course of employment, the employer is the first owner of the copyright (unless agreed otherwise). For commissioned works — where a client pays a photographer or videographer to create specific photographs or footage — the Copyright Act 1994 has specific rules. For certain types of commissioned works (including portraits, photographs intended for private use), the person commissioning the work is the first owner of the copyright. For other commercial commissions, the photographer retains copyright unless the contract states otherwise. A Photo and Video Release is separate from copyright ownership — it authorises the use of a person's image and likeness (which is a personality right), regardless of who owns the copyright in the underlying photograph.

No. Using identifiable footage of customers for advertising without their consent would likely breach the Privacy Act 2020 (specifically, using personal information for a purpose other than that for which it was collected without consent) and could also expose the business to claims under the Fair Trading Act 1986 if the footage creates a false or misleading impression. Under the Privacy Act 2020, if a business captures footage of customers in the course of a transaction (for security purposes, for example), using that footage for advertising without consent would breach Information Privacy Principle 10, which prohibits using personal information for a secondary purpose without the individual's authorisation. The Privacy Commissioner can investigate complaints and the Human Rights Review Tribunal can award damages. To lawfully use customer footage in advertising, the business must obtain a signed photo and video release form from each identifiable person, clearly specifying how the footage will be used, where it will be published, for how long, and whether any payment or benefit is being provided. Consent must be freely given, specific, and informed.

A photo and video release signed by a minor (a person under 18 years of age) is generally not enforceable against the minor under the Contract and Commercial Law Act 2017 (CCLA 2017). Minors lack full contractual capacity in New Zealand, and contracts with minors are generally unenforceable against the minor (though the minor can enforce the contract against the adult). For releases involving persons under 18, the release must be signed by a parent or legal guardian on the minor's behalf. Even where a parent signs a release, New Zealand courts may be reluctant to enforce provisions that purport to sign away a child's fundamental rights or that are against the child's best interests — particularly for commercial exploitation. For productions involving children (film, advertising, social media), producers should also be aware of the Children's Act 2014 obligations and consider whether specific legal advice is needed. For minors aged 16–17 who have some understanding of the transaction, it is good practice to have both the young person and their parent sign the release.

A Photo and Video Release (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.