In short
Consensual sexting between adults is legal in New Zealand. Since 2022 it has been a specific crime to post an intimate visual recording of someone without their consent. Sexual images of anyone under 18 are "objectionable" and illegal to make, share or have. AI-generated intimate images are not yet clearly covered, but a bill to change that is going through Parliament.
Posting intimate recordings without consent
What it covers: posting an intimate visual recording of someone, knowing they haven't consented or being reckless about it. You don't have to prove the victim was harmed.
Maximum penalty: 2 years in prison, or a fine of up to $50,000.
"Posting" is broad. It includes sending an image to just one person, not only posting it publicly. Courts can also order the image to be taken down. A person under 18 cannot legally consent to an intimate recording of themselves being posted.
Causing harm with a digital communication
Section 22 of the HDCA makes it an offence to post a digital communication intending to cause serious emotional distress, where it does cause that harm. Threats, harassment and some cyberflashing cases are prosecuted under this section. Victims can also apply to the District Court for civil orders, such as takedown orders, under the HDCA.
Deepfakes
The current definition of an "intimate visual recording" is about real recordings, so AI-generated or altered images aren't clearly covered. The Deepfake Digital Harm and Exploitation Bill, a member's bill introduced in 2025, would extend the HDCA and the Crimes Act 1961 to include images that are created, synthesised or altered. It was before the Social Services and Community Committee in 2026. Check its current status if this affects you.
Under-18s
Police and schools generally try to support young people involved in consensual peer sexting rather than prosecute them. Adults are treated very differently.
Where to get help in New Zealand
- Emergency: 111
- Netsafe: the approved agency under the HDCA. Visit netsafe.org.nz, call 0508 638 723 or text "Netsafe" to 4282
- Police: 105 for non-emergencies
- Youthline: 0800 376 633
Need help right now?
If you or someone else is in immediate danger, call 999 (UK), 112 (Ireland/EU), 911 (US/Canada) or 000 (Australia).
- Images shared or threatened (adults, UK): Revenge Porn Helpline, revengepornhelpline.org.uk or 0345 6000 459
- Stop images spreading (worldwide, adults): StopNCII.org
- Under 18: Childline's Report Remove tool at childline.org.uk or call 0800 1111. Outside the UK: Take It Down
- More countries and services: see our help and support directory
This is general information, not legal advice. Laws change and depend on the facts of each case. We last checked this page on 9 November 2026. If you are facing a police investigation or court case, speak to a solicitor or lawyer where you live.