When we record oral history we ask speakers to sign a recording agreement so we have a note of any conditions for how the recording and associated material (text, photographs etc) can be used. The agreement guides future use, especially when recordings are archived. As recorders of oral history we give assurances that material we record will be held in confidence and be available only in line with the signed recording agreement, but we make clear that our agreements cannot prevent access by a court of law or another legal process in special circumstances. There have been few if any cases where this has happened in New Zealand but the so called Boston College case is a long running overseas example that is going through another twist with another legal attempt to gain access to some of the interviews for a criminal investigation, according to this report on the BBC. It’s a reminder about setting up sensitive projects carefully with an eye to future use, as Anne Cardenas argues here