Convictions for making intimate visual recordings without consent reached a high in New Zealand, with 52 people convicted between July 1, 2024, and June 30, 2025, according to the Ministry of Justice.
The Rise of “Pervert Glasses” and Covert Recording Tech
The Ministry of Justice reported that 19 people were convicted of posting intimate visual recordings online without consent between July 1, 2024, and June 30, 2025, under the Harmful Digital Communications Act. This legislation introduced the specific offence in March 2022.
Law enforcement officials note that offenders are increasingly using fast-developing technology to commit these crimes. Detective Inspector Stuart Mills stated that the decreasing cost of equipment allows specialized cameras to be ordered online and delivered directly to homes. Examples of current methods include tiny hidden cameras placed in toilet walls and Airbnbs, and phone cameras used to film over changing room walls or beneath toilet stalls.
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Police now use facial recognition technology to scan faces captured in covert footage against a database of lawfully held images to identify victims, though they stress this is used for intelligence and investigative leads only.
Legal Boundaries of Privacy in Public Spaces
Criminal lawyer Sam Wimsett KC explains that the legality of filming depends on a person’s “reasonable expectation of privacy.” According to Wimsett, filming someone on a public street—such as Queen St—is generally not a crime because the person is already visible to CCTV and the public.
However, the legal status changes in “intimate” settings. Wimsett defines these as places where a person reasonably expects privacy and is naked, showering, using the toilet, undressing, or being filmed up their skirt. Under Section 216H of the Crimes Act 1961, making such a recording without consent carries a maximum penalty of three years’ imprisonment.
Wimsett further notes that Section 22A of the Harmful Digital Communications Act 2015 covers “revenge porn,” where a person may have consented to the recording but not to its subsequent online publication.
Meta AI Glasses and the Crisis of Consent
The introduction of Meta’s AI Glasses, styled as Ray-Ban Wayfarers, has introduced new challenges. These devices allow users to film in public with only a tiny flashing light to indicate recording. A University of Sydney study found that “pick-up artists” and influencers use these glasses to covertly film women in gyms, stairwells, and on beaches.
Dr. Milica Stilinovic, a postdoctoral research associate at the University of Sydney, describes this as a “crisis of consent.” Stilinovic argues that tech companies must be held accountable for marketing technology that lacks proper safeguards against documented misuse.
The controversy extends beyond New Zealand.
Law Enforcement Adoption of Smart Wearables
While privacy advocates warn of misuse, some police agencies are adopting the technology.
Case Studies: From Public Pools to Embassies
Recent New Zealand court cases highlight the scale of the issue:
- The Newmarket Pool Case: Remuera accountant Chong Yew Khoo admitted to secretly filming nearly 400 males over six years at the Olympic Pools & Fitness Centre changing room. Khoo was sentenced to 12 months of home detention.
- The Washington DC Case: High-ranking military officer Alfred Keating was found guilty of attempting to make an intimate visual recording after planting a hidden camera in a bathroom at the New Zealand embassy in 2019. He received four months and 15 days of home detention.
- Retail Filming: A man was sentenced to 10 months of home detention last year for secretly filming 62 women in Newmarket shops, using methods including filming under skirts on escalators.
Upper Harbour Local Board member Uzra Casuri Balouch has questioned whether home detention is a sufficient deterrent, arguing that such sentences allow perpetrators to “hide at home” while victims remain exposed.
Global Shadow Industries and Data Risks
The demand for covert footage is supported by a “dark industry.” Investigations by the BBC and New York Times revealed Chinese hidden camera industries fueled by online chat groups where men trade covert videos of strangers, wives, and girlfriends.
Pro Tip: How to Spot Hidden Cameras
Detective Inspector Stuart Mills suggests looking for:
- Objects oddly aimed at private areas.
- Small holes in walls or ceilings with electronic equipment nearby.
- Devices that appear modified or tampered with.
Frequently Asked Questions
Is it legal to film people in public with smart glasses?
According to lawyer Sam Wimsett KC, filming in public spaces where there is a low expectation of privacy (like a city street) is generally not a crime, similar to vlogging or news reporting.
What is the penalty for secret filming in New Zealand?
Under Section 216H of the Crimes Act 1961, making an intimate visual recording without consent can lead to a maximum penalty of three years’ imprisonment.
How are victims identified in mass covert filming cases?
Police may use facial recognition technology to match footage against lawfully held image databases, though this is used for investigative leads rather than sole evidence.
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