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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14708
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Is it legal to audiotape a conversation/discussion between

Customer Question

Is it legal to audiotape a conversation/discussion between two or more individuals only with the knowledge of one party who is an participant in the discussion (i.e., the other individuals involved are not aware that the discussion is being recorded).
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

It is legal to do this. If you do not have consent of the other party, then the use of the recording may be limited because this could be unfair, or entrapment, but it very much depends on what was recorded and the purpose.

Customer: replied 1 year ago.
I will give you a hypothetical case, to make the context of the audio-recording clearer. Here is one clinical supervisor who has been supervising a clinical student in a clinical teaching environment. Through the weeks, the supervisor has increasingly felt being harassed by the student through the latter's aggressive stance manifested by use of strong stinging words, volume and tone of voice, reluctance or even refusal to follow instructions. During one session, the supervisor unilaterally & secretly audio-taped the supervisor-student interaction - anticipating that a day will come that he may have to lay a complaint to his superior in the school. Instead of undergoing the process of "he said & I said" he thought the truth will easily be uncovered through straight audio-taping. Within this context, is it proper, appropriate, and legal to audio-tape a discussion without the other party knowing?
Expert:  Chris The Lawyer replied 1 year ago.

You would likely be able to use this in this case

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