CCTV & the Privacy Act NZ, the Auckland installer's plain-English guide
CFU has completed 350+ Auckland jobs since 2018. This is what we tell every client before we quote. Not legal advice: an installer’s read on the Privacy Act, the Crimes Act rules on audio, camera aim, footage retention and signage, checked against the Privacy Commissioner’s guidance.
Important: We install cameras for a living; we’re not lawyers. This is what we’ve learned across 350+ Auckland jobs since 2018, checked against the Privacy Commissioner’s own guidance. For a specific legal issue, call the Office of the Privacy Commissioner (0800 803 909) or a lawyer.
The 7 questions we get on every install
Is it legal to have security cameras at home in NZ?
Yes. Filming your own home, driveway and yard is legal. The Privacy Commissioner’s guidance is that the Privacy Act generally doesn’t cover what you do in a personal capacity, unless the way you collect, use or share footage would be highly offensive to a reasonable person. That’s a high bar, but aim still matters: keep neighbours’ windows and private outdoor areas out of shot, and think twice before posting footage of other people online.
Can my security camera record audio in NZ?
Be careful here. Under section 216B of the Crimes Act 1961 it’s an offence to intentionally intercept a private conversation you’re not part of using a recording device, and a camera recording sound at your door can pick up exactly that. For businesses, the Privacy Commissioner’s guidance is that CCTV generally should not record audio. Our advice for every system: leave audio recording off unless you’ve taken specific legal advice.
Can my neighbour point a camera at my property?
When a private individual films across a fence, it’s generally not covered by the Privacy Act, and what can be seen from the street isn’t normally treated as highly offensive. Deliberately peering into your home is different: the Privacy Commissioner points to section 30 of the Summary Offences Act 1981 and, for intimate recordings, the Crimes Act, and suggests raising those with Police first. For everything else, start with a conversation over the fence. If a business or organisation is filming into your property, the Privacy Act does apply and you can complain to the Privacy Commissioner.
How long can I keep CCTV footage in NZ?
Only as long as you need it. The Privacy Act doesn’t set a fixed number of days. For businesses, the Privacy Commissioner’s guidance is that recordings should be securely disposed of once they’re no longer needed. In practice that means picking a retention period that fits why you have cameras, setting the recorder to overwrite automatically, and keeping a clip longer only when there’s a reason, such as an incident you’ve reported.
Do I need a sign if I have CCTV at my business?
In practice, yes. Under privacy principle 3 a business must take reasonable steps to make sure people know footage is being collected, why, and who will see it. The Privacy Commissioner recommends signs saying cameras are operating and who runs them, with a fuller privacy notice on your website or at reception. A clear sign also works as a deterrent.
Can a business put CCTV in toilets or changing rooms?
No. The Privacy Commissioner found a pub camera overlooking urinals to be an unfair way of collecting information, and making an intimate visual recording of someone is an offence under section 216H of the Crimes Act 1961. Keep cameras out of toilets, changing rooms and anywhere people expect privacy, and check that wide-angle cameras nearby can’t see into them.
Can someone ask a business for CCTV footage of themselves?
Yes. Under privacy principle 6, people can ask for footage that shows them, and they don’t have to give a reason. The business should secure the footage straight away so it isn’t overwritten, and can blur or crop other people rather than refuse. Deleting footage after a request has been made is an offence under the Privacy Act. The Commissioner’s guidance on footage requests.
How CFU handles this on every install
Four things we do on every job so the legal side stays clean without you having to think about it.
Aim
We walk the property with you and set each camera’s angle and field of view so neighbours’ windows, their private outdoor areas and the public footpath stay out of shot as far as practical. If a camera can see somewhere it shouldn’t, we adjust it on the spot.
Audio
We leave audio recording off on every residential install. If you specifically want audio enabled, we ask you to sign off on the Crimes Act 1961 note first.
Signage
On commercial installs we supply and mount signs at the entry points saying cameras are operating and who runs them, and point you to the Privacy Commissioner’s guidance for your privacy notice.
Retention
By default we size the recorder to hold about 14 days for homes or 31 days for businesses, set to overwrite automatically. If your purpose needs a different period, we size it for that.
Sources & further reading
All the primary sources we lean on. Read them yourself if a specific detail matters.
- Office of the Privacy Commissioner: Privacy and CCTVThe authoritative source on the Privacy Act 2020 and CCTV guidance.
- Crimes Act 1961 (legislation.govt.nz)Sections covering audio recording of private conversations.
- Consumer NZ: CCTV cameras guideIndependent buying guidance with brief privacy notes.
- NZ PolicePractical CCTV guidance for homes and businesses (search "CCTV").
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