Fact: In New Zealand, a verbal contract can be legally binding if the parties agree on the essential terms and the law does not require the agreement to be in writing.

Is an audio recording valid evidence?

Yes. If you are a participant in the conversation, you are generally allowed to record it legally. Such a recording may be used as evidence of:

• consent,
• the content of an agreement,
• the intentions of the parties.

The recording must be:

• lawful – meaning you were part of the conversation,
• authentic – not altered, edited, or manipulated.

If you were not part of the conversation, or if the recording was made secretly by a third party, its use may be unlawful.

How do scammers exploit this?

Scammers may steer a conversation so that you say “yes”, and then use that word as supposed proof of your consent, for example to claim:

• the purchase of a product or service,
• the activation of a subscription,
• acceptance of a contract or a loan.

They may later attempt to pressure or extort you by:

• sending fake invoices,
• threatening legal action or debt collection,
• using the recording to intimidate you into paying.

How does the scam usually work?

1. The opening question: A stranger asks, “Can you hear me?” or “Did you hear me clearly?”.
2. Recording and editing: Your “yes” is extracted and attached to a different conversation.
3. Pressure: You are threatened with the recording and asked to make a payment.

How can you protect yourself?

• Avoid saying “yes” at the start of calls from unknown numbers.
• Instead, respond with: “Who is calling?” or “What is this about?”.
• Never share personal or banking information over the phone.
• Always ask for written confirmation or an offer by email.
• Consider recording suspicious calls yourself.
• If you are threatened – do not pay. Ask for written proof.
• Report the incident to New Zealand Police or the Commerce Commission.