Recording phone calls - legal?

[Winter]

I'm about to go to battle with the council.

Is it legal to record all the phone calls to make sure i have a leg to stand on when they say one thing and do another?


Cheers..

[Mully]

I think it's legal as long as you tell them and they agree (on tape).

[jimbo600]

Its legal and you don't have to tell them. Only one party is required for consent to record a private communication and in this case the consenting party is you.

[imdying]

Its legal and you don't have to tell them. Only one party is required for consent to record a private communication and in this case the consenting party is you.

Quoted for truth!

[Usarka]

ditto that. try to get the person to say their full name.

[CookMySock]

try to get the person to say their full name.

You will alert them. Ask is this "full name of person speaking". "yep." Now u have them.

DB

[Oakie]

To the best of my knowledge you do need to advise. Can't find it in legislation but I'm sure it's there somewhere.

[DingoZ]

Aye, for an ordinary telephone call I'm pretty sure you must disclose the fact that you are recording the conversation.

Just like when you hear occassionally " Your call may be monitored/recorded for training purposes". What in actual fact they are doing, is getting a record for everything that is said, and advising you of such...



Will check out the rules and regs and post back......

[Skyryder]

No you do not have to notify the other party. You need to ask who you are speaking too and their title ,also the name of their supervisor if you think that it is important. After the call it is a good idea to transcribe the conversation...........accurately. Make a note of the day and the time.


Skyryder

[SixPackBack]

Get everything written down. E-mail/mail.
No arguments. Phone calls have no traceability from either end.

[DingoZ]

Dang that was a lot of reading.......and still no clearer

However.....

"AN ORDINARY CITIZEN'S RIGHTS

NO! YOU CANNOT SNOOP ON OTHERS BUT THERE IS AN IMPORTANT EXCEPTION! If you are one of the participants in a private conversation then you can tape it and use it in evidence. But you must be one of the parties to the conversation."

Make of that what you will. Directly cut and pasted from Netlaw.co.nz

First bit means you can;t record the conversation if you are not a direct party involved in the conversation....It does state that "Single party consent" is acceptable. Means only one person in the conversation has to be aware or "consent" to the recording.

But again, whether this is "legal" in NZ under NZ Federal Law is another matter..........

Will check with a colleague tommorrow and find out


Whether or not the recording is admissible in court is decided on the context of the case, and the type of case....

[Winter]

Dang that was a lot of reading.......and still no clearer

However.....

"AN ORDINARY CITIZEN'S RIGHTS

NO! YOU CANNOT SNOOP ON OTHERS BUT THERE IS AN IMPORTANT EXCEPTION! If you are one of the participants in a private conversation then you can tape it and use it in evidence. But you must be one of the parties to the conversation."

Make of that what you will. Directly cut and pasted from Netlaw.co.nz

First bit means you can;t record the conversation if you are not a direct party involved in the conversation....

Whether or not the recording is admissible in court is decided on the context of the case, and the type of case....

Great. Thanks for that. I take that to mean I can record a conversation between me and him, without his knowledge. And it may(read maybe) be used in court.

Anyway. I've done it already - Didn't tell him he was on tape(/mp3!)

Its great. Not only do I have something to cover my buts if he comes back in a month saying something different - but we can keep replaying it so we fully understand everything that was said.


cheers!
I love voip.

[bane]

just say at the start of the phone call. "please be aware this conversation may be recorded, and used for training purposes"

seems to cover their arse when they do it to you...

[What?]

"AN ORDINARY CITIZEN'S RIGHTS

NO! YOU CANNOT SNOOP ON OTHERS BUT THERE IS AN IMPORTANT EXCEPTION! If you are one of the participants in a private conversation then you can tape it and use it in evidence. But you must be one of the parties to the conversation."

Make of that what you will.

Quite simply it means that you may record a private conversation between yourself and another party, but you may not wire-tap other people's conversations without a court order, nor may you record a conversation on behalf of a third party - they have to do it themselves.
The rules for businesses (from memory, and I can't be stuffed re-reading the legislation right now) are slightly different, hence the call centres letting you know that your call may be recorded, and for what reason.