Is It Legal to Record Business Calls in NZ?

Is it legal to record business phone calls in New Zealand?

The short answer

Yes. In New Zealand it's legal to record a call you're part of, and that includes a provider like an AI receptionist recording on your behalf. What the law expects is that you tell callers the call is recorded and why, keep recordings secure, don't keep them longer than you need, and give people a copy if they ask.

By Akaash, founder of FirstVoice

Last updated 16 September 2026

Check your setup and get your wording

Your business name

Are you a health provider, like a GP, dentist or physio?

Do callers hear that the call is recorded?

Do callers hear that it's an AI?

Where are recordings stored?

Does your provider use recordings for its own purposes, like training AI?

How many days do you keep recordings?

Do staff know their calls may be recorded?

Your recording setup

3 of 6

Worth fixing before you record

Callers are told the call is recorded, at the startAdd a recording line to your greeting. Recording without telling people has been found to breach the Privacy Act.
Callers are told it's an AI assistant
You've chosen how long recordings are kept
You know where recordings are stored
Your provider doesn't use your recordings for its own purposesGet it in writing. If a provider uses recordings for its own purposes, like training AI, extra Privacy Act rules apply.
Staff know their calls may be recordedTell staff in writing, such as in their employment agreement or a workplace policy.

What callers hear

Kia ora, thanks for calling our business. I'm the team's AI assistant. This call is recorded so we get your details right. If you'd rather talk to a person, just say so.

Paragraph for your privacy page

Call recording at our business

When you call us, an AI assistant may answer and your call is recorded and transcribed. We do this so we get bookings and messages right, to follow up your enquiry, and to check the quality of our service.

Recordings are heard or read only by our team and by the service providers who help us answer calls. They are stored overseas by our phone service provider, under an agreement that they only use them to provide our service. We keep recordings for 90 days, then delete them.

You can ask for a copy of your recording or transcript, or ask us to correct your information, by contacting our business. If you'd rather not be recorded, ask to speak to a person or contact us another way. If you have a concern about how we handle your information, you can also contact the Office of the Privacy Commissioner.

General information, not legal advice. Check it matches what your provider actually does.

General information, not legal advice. For anything unusual, especially health records, check with a lawyer or your professional body.

The short legal picture

Two laws matter, and they do different jobs.

The Crimes Act: are you allowed to record at all?

Section 216B of the Crimes Act makes it an offence to intercept a private conversation using a device, and "intercept" includes recording. But it doesn't apply if you're a party to the conversation. When a customer calls your business, you're a party.

The Act also counts as a party anyone who records the call with the consent of someone on it (section 216A(3)). So an AI receptionist or answering service recording calls for your business, with your agreement, is covered too. What you can't do is record calls you're not part of.

The Privacy Act: what you have to do once you record

A call recording is personal information, so the Privacy Act 2020 applies. The Privacy Commissioner's guidance is that if you record calls, you should make sure customers and staff have been told. In practice that means:

Tell callers, at the start. That the call is recorded, why, and who will hear it (principle 3). The Commissioner has found that recording people without telling them breached this principle.
Have a good reason. Getting bookings right, following up enquiries and checking service quality are all reasonable purposes (principle 1).
Keep recordings secure, including with any provider that stores them for you (principle 5).
Give people their recording if they ask, within 20 working days (principle 6).
Don't keep them forever. There's no fixed period, but you shouldn't keep them longer than you need (principle 9). Pick a period and say what it is.

What about AI receptionists and overseas storage?

Many voice AI providers store recordings outside New Zealand. Under section 11 of the Privacy Act, information a provider holds only on your behalf is treated as held by you, wherever it's stored. That has two effects:

Storing recordings with an overseas provider isn't treated as sending the information overseas.
You stay responsible for them, so choose a provider you trust and get the terms in writing.

The catch is if the provider uses your recordings for its own purposes, like training its AI. Then it's no longer just holding them for you, and extra rules apply. The Privacy Commissioner's AI guidance also says that if call information is used to train AI, you should explain that and consider letting people opt out.

With FirstVoice, recordings and transcripts are stored in the United States by our voice technology provider, under a signed Data Processing Addendum. The detail is on our security and privacy page.

Do you have to say it's an AI?

No NZ law specifically requires it yet. But the Privacy Commissioner expects businesses using AI to be open about how and when they use it, and MBIE's 2025 guidance for businesses calls it good practice to tell people when AI is being used. The Fair Trading Act is the firm line: an AI that says it's a person, or a business that tells callers they're speaking to a human when they aren't, risks misleading customers.

It's also what callers want. Our guide on whether customers mind an AI receptionist covers the research.

Health providers: a few extra points

GPs, dentists, physios and other health providers follow the Health Information Privacy Code 2020 instead of the general principles. The rules are similar, including telling patients about recording (rule 3), but health information is sensitive, so security and fairness carry more weight.

One open question: health records generally have to be kept for at least 10 years, and there's no clear guidance on whether a booking call recording counts as part of the health record. Check with your professional body before you choose a retention period. Our patient privacy guide covers the wording for practices.

Recording staff

The Privacy Act protects employees too. The Privacy Commissioner says employers should be open about recording staff calls, and that recording staff secretly is generally unfair. Put it in writing, such as in employment agreements or a workplace policy.

What about follow-up texts?

Voice calls, including AI voices, aren't covered by the Unsolicited Electronic Messages Act. Follow-up texts and emails are. Marketing messages need consent, must say who they're from, and need a working way to unsubscribe.

A good recording notice, in two parts

A short spoken line at the start of the call. Who they've reached, that it's an AI assistant, that the call is recorded and why, and how to reach a person.
A fuller paragraph on your website. Why you record, who hears it, where it's stored, how long you keep it, how to get a copy, and how to raise a concern.

The tool above writes both for you.

Sources

Frequently asked questions

Do I need permission to record a customer's call in NZ?

You don't need their consent to record a call you're part of. The Privacy Act does expect you to tell them it's being recorded and why, ideally at the start of the call.

Can an AI receptionist company record calls for my business?

Yes. Under the Crimes Act, someone who records a call with the consent of a person on it counts as a party to the call. Under the Privacy Act, recordings your provider holds for you are treated as held by your business, so you stay responsible for them.

Do I have to tell callers they're talking to an AI?

There's no NZ law that specifically requires it. The Privacy Commissioner and MBIE both recommend being open about it, and letting an AI claim to be a person could breach the Fair Trading Act.

Can a caller ask for a copy of their call recording?

Yes. A recording or transcript of someone's call is personal information, so they can ask for it. You need to respond within 20 working days.

How long can I keep call recordings?

The Privacy Act doesn't set a period. It says not to keep information longer than you need it, so choose a period that suits why you record, and say what it is. Health providers should check their record-keeping rules as well.