Crimes Act 1961 (Part 9A)
Part 9 of the Crimes Act (the “CA”) of New Zealand covers crimes violating a person’s reputation and personal privacy, including through the possession, publication, export or sale of intimate visual recordings. ‘Intimate visual recording’ is defined as a visual recording (including a photograph, video or digital image) that is made in any medium with a device without the knowledge or consent of a person who is the subject of such recording and in circumstances where that person would reasonably expect privacy and that person is naked or partially exposed, engaged in intimate sexual activity or engaged in showering, toileting or other bodily activity that involves dressing or undressing. Under section 216H of the CA, any person who intentionally or recklessly makes an intimate visual recording of another person is liable to imprisonment for up to 2 years. Under Section 216I of the CA, possession of an intimate visual recording for the purpose of publishing, exporting or selling such recording and where such person has knowledge (or is otherwise reckless) as to whether it is an intimate visual recording is punishable by imprisonment for up to 1 year. The CA also equips courts with the power to order that the intimate visual recording be destroyed or to compel the forfeiting of any equipment, goods or things used in connection with the making or publication of the intimate visual recording. Section 216B of the CA prohibits the use of interception devices to intercept private communication unless the person is a party to the private communication, or it is done in accordance with the Search and Surveillance Act 2012, Part 4 of the Intelligence and Security Act 2017 and the International Terrorism (Emergency Powers) Act 1987. A person in breach of section 216B is liable for up to 1 year imprisonment.
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- 2024
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