Resources

Technically known as unmanned aerial vehicles (UAVs), drones are an increasingly common sight.

Their rapidly growing availability and use by agencies and hobbyists has triggered fears about their impact on privacy and aviation safety.

The Privacy Act is a technology-neutral piece of legislation, which gives the basic principles by which we can make an assessment on the privacy implications of an emerging technology.

The threat drones pose to privacy is consistent with the use of any camera, including mobile phones or automated CCTV systems. Our CCTV guidelines apply to how someone might use drones fitted with cameras and comply with the Privacy Act. Please note that while the majority of information in these guidelines remains relevant, they were drafted before the Privacy Act 2020 so will not cover more recent amendments.

The main points for any camera operator to observe are:

being clear about why you are collecting the information
making sure people know you are collecting the information
how you intend to use the information
keeping the information safe and making sure only authorised people can see it
disposing of the information after it has served its purpose
right of access to the information by the individual or individuals concerned.

The Privacy Act applies to information gathered by an agency about an identifiable individual, and it concerns how that information is collected, handled and disclosed. Information on what defines an agency is available here.

There are also other laws in Aotearoa New Zealand relevant to using drones to film or record. For example, it is against the law to make covert intimate recordings of people without their consent or knowledge, and to publish them.

For example, if you are sunbathing semi-naked in your own back yard surrounded by a three-metre-high fence, you would have an expectation that you won’t be spied on. See section 216G to 216J of Crimes Act 1961. There’s also the possibility the homeowner might want to take their own court action against the camera operator for invasion of privacy.

It is also against the law to peer into people’s homes and record any activity within. See section 30 of the Summary Offences Act 1981.

The Civil Aviation Authority of New Zealand outlines the rules and regulations for flying drones on their website.