NZPhotographer Issue 53, March 2022

Which brings me to my response to the valid question from
an NZP reader, what do you know about the people you are
photographing? The recent protests at Parliament have been
an excellent opportunity to practice walking amongst a crowd
and chatting to various people about their reasons for being
there, before asking if they will pose for a portrait. In doing this,
I’ve found a much deeper connection to those now featuring
in my work which makes capturing a good photo even more
meaningful.
Being transparent with your reason for wanting to take a
photo and engaging with your subject will mean you are
less likely to run into any issues. Of course, it’s entirely legal
to take photos of people in a public place, subject to the
rules below – but that doesn’t mean that kids or people in
an unfortunate situation, etc. should be taken advantage
of. A healthy dose of discretion and a strong sense of
compassion should always be used. Think to yourself, am
I empowering this person or capturing this scene in a true
light? If the answer is no, don’t take the shot, and move
on.
Photos taken on the Street under NZ law can be published
freely without the consent of the subject, however, they
cannot be used in advertising or other commercial purposes
unless used under an editorial license.
If you are travelling abroad and intend on taking photos, I
would certainly check first whether it is legal to do so, or if
there are other reasons such as religious or cultural protocols
in place that mean it’s not a good idea to do so.
WHAT ARE THE RULES AROUND TAKING PHOTOS
OR FILMING IN A PUBLIC PLACE?
It is generally lawful to take photographs of people in
public places without their consent. However, you must
not film or take photos of people if they are in a place
where they can expect privacy (such as a public
changing area or toilet) and that person:
• is naked, in underclothes, showering, toileting, etc.
• is unaware of being filmed or photographed.
• has not given consent to be filmed or photographed.
You should not take photos of people if:
• they are in a place where they would expect
reasonable privacy and publication would be highly
offensive to an objective and reasonable person.
• it has the potential to stop other people’s use and
enjoyment of the same place.
• you have no legitimate reason for taking the film or
photos.
However, you can take and/or publish photos or film of
people where there is no expectation of privacy, such as
a beach, shopping mall, park, or other public place.
CONCLUSION
Next month we’ll be discussing post-processing
your street photos to make them pop but until then,
you can message me @bokehstreet on IG with any
questions you might have, or sign up for one of my
Street Walk sessions to learn more in-person. You can
also see some of my photos for sale on the Excio Photo
Library at excio.io/photos/search/alan+blundell which
will hopefully inspire you to get out there with your
camera to enjoy the last few weeks of Summer.
The grounds of Parliament were filled with people from all walks of life, each with their own unique story to tell.
Leica Q2, Summilux 1:1.7/28 ASPH lens @ F1.7, 1/1000s, ISO100, 28mm