Privacy Act 2020

1: Title
This Act is the Privacy Act 2020.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: subpart 2
b: sections 213 to 215
2: The rest of this Act comes into force on 1 December 2020
1: Preliminary provisions
1: Preliminary matters
3: Purpose of this Act
The purpose of this Act is to promote and protect individual privacy by—
a: providing a framework for protecting an individual’s right to privacy of personal information, including the right of an individual to access their personal information, while recognising that other rights and interests may at times also need to be taken into account; and
b: giving effect to internationally recognised privacy obligations and standards in relation to the privacy of personal information, including the OECD Guidelines and the International Covenant on Civil and Political Rights.
4: Application of this Act
1: This Act (except section 212
a: a New Zealand agency ( A
b: an overseas agency ( B
c: an individual ( C
i: personal information collected by C while present in New Zealand, regardless of where the information is subsequently held by C or where the individual to whom the information relates is, or was, located:
ii: personal information held by C while present in New Zealand (but not collected by C while present in New Zealand), regardless of where the individual to whom the information relates is, or was, located.
2: For the purposes of subsection (1)﻿(a) and (b)
a: where the personal information is, or was, collected by the agency; or
b: where the personal information is held by the agency; or
c: where the individual concerned is, or was, located.
3: For the purposes of subsection (1)﻿(b)
a: being a commercial operation; or
b: having a place of business in New Zealand; or
c: receiving any monetary payment for the supply of goods or services; or
d: intending to make a profit from its business in New Zealand.
4: Subpart 3
5: Section 212
a: a New Zealand agency:
b: an overseas agency:
c: an individual who is present in New Zealand:
d: a person who is outside New Zealand if—
i: any act or omission forming part of any offence under section 212
ii: any event necessary to the completion of any offence under section 212
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown. 1993 No 28 s 5
2: Interpretation and related matters
7: Interpretation
1: In this Act, unless the context otherwise requires,— action agency section 4 binding scheme
a: specified measures for protecting personal information that is collected, held, used, and disclosed; and
b: mechanisms for enforcing compliance with those measures Chairperson code of practice section 32 collect Commissioner section 13 section 28(1)﻿(b) correct correction country department
a: a government department named in Part 1
b: an interdepartmental venture:
c: a departmental agency hosted by a government department named in Part 1
d: an interdepartmental executive board serviced by a government department named in Part 1 see also section 201A departmental agency section 5 Deputy Commissioner section 14 Director of Human Rights Proceedings Director section 20A document
a: any writing on any material:
b: any information recorded or stored by means of any computer or other device, and any material subsequently derived from information so recorded or stored:
c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: any book, map, plan, graph, or drawing:
e: any photograph, film, negative, tape, or any device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced foreign person or entity
a: an individual who is neither—
i: present in New Zealand; nor
ii: ordinarily resident in New Zealand:
b: a body, incorporated or unincorporated, that—
i: is not established under the law of New Zealand; and
ii: does not have its central control and management in New Zealand:
c: the Government of an overseas country General Data Protection Regulation Human Rights Review Tribunal Tribunal section 93 individual individual concerned information privacy principle IPP section 22 inquiry section 6 intelligence and security agency
a: the New Zealand Security Intelligence Service; and
b: the Government Communications Security Bureau interdepartmental executive board section 5 interdepartmental venture section 5 international organisation local authority
a: means a local authority or public body named or specified in Schedule 1
b: includes—
i: any committee, subcommittee, standing committee, special committee, joint standing committee, or joint special committee that the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and
ii: a committee of the whole local authority Minister New Zealand agency section 8 New Zealand private sector agency
a: is established under New Zealand law; or
b: has its central management and control in New Zealand news activity
a: gathering, preparing, or compiling, for the purposes of publication, any—
i: news:
ii: observations on news:
iii: current affairs:
b: publishing any—
i: news:
ii: observations on news:
iii: current affairs news entity
a: whose business, in whole or part, consists of a news activity; and
b: that is, or is employed by an employer that is, subject to the oversight of—
i: the Broadcasting Standards Authority; or
ii: the New Zealand Media Council; or
iii: an overseas regulator providing an independent procedure for the consideration and adjudication of privacy complaints that is accessible to complainants, including complainants residing in New Zealand; or
iv: any other body prescribed as a regulatory body by regulations made under section 215(1)﻿(b) OECD Guidelines Ombudsman Ombudsmen Act 1975 organisation
a: means—
i: an organisation named in Part 2
ii: an organisation named in Schedule 1
b: includes the Office of the Clerk of the House of Representatives overseas agency section 9 overseas privacy enforcement authority Parliamentary Under-Secretary personal information
a: means information about an identifiable individual; and
b: includes information relating to a death that is maintained by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021 Schedule 1 private sector agency public sector agency
a: means an agency that is a Minister, a Parliamentary Under-Secretary, a department, an organisation, or a local authority; and
b: includes any agency that is an unincorporated body (being a board, council, committee, or other body)—
i: that is established for the purpose of assisting or advising, or performing functions connected with, any public sector agency within the meaning of paragraph (a)
ii: that is established in accordance with the provisions of any enactment or by any such public sector agency publication publicly available information publicly available publication publish
a: displaying on any medium:
b: printing in a newspaper or other periodical:
c: broadcasting by any means:
d: disseminating by means of the Internet or any other electronic medium:
e: storing electronically in a way that is accessible to the public responsible Minister serious threat
a: the likelihood of the threat being realised; and
b: the severity of the consequences if the threat is realised; and
c: the time at which the threat may be realised unique identifier working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or
c: a day in the period commencing on 25 December in one year and ending with 15 January in the next year.
2: For the purposes of this Act, a person is to be treated as ordinarily resident in New Zealand
a: the person’s home is in New Zealand; or
b: the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or
c: having resided in New Zealand with the intention of establishing their home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but intends to return to establish their home in New Zealand or to reside in New Zealand indefinitely. 1993 No 28 s 2(1) Section 7(1) department replaced 7 August 2020 section 125(1) Public Service Act 2020 Section 7(1) departmental agency inserted 7 August 2020 section 125(2) Public Service Act 2020 Section 7(1) interdepartmental executive board inserted 7 August 2020 section 125(2) Public Service Act 2020 Section 7(1) interdepartmental venture inserted 7 August 2020 section 125(2) Public Service Act 2020 Section 7(1) personal information amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 7(1) working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
8: Meaning of New Zealand agency
In this Act, New Zealand agency
a: means—
i: an individual who is ordinarily resident in New Zealand; or
ii: a public sector agency; or
iii: a New Zealand private sector agency; or
iv: a court or tribunal, except in relation to its judicial functions; but
b: does not include—
i: the Sovereign; or
ii: the Governor-General or the Administrator of the Government; or
iii: the House of Representatives; or
iv: a member of Parliament in their official capacity; or
v: the Parliamentary Service Commission; or
vi: the Parliamentary Service, except in relation to personal information about any employee or former employee of the Parliamentary Service in their capacity as an employee; or
vii: an Ombudsman; or
viii: an inquiry; or
ix: a board of inquiry or court of inquiry appointed under any Act to inquire into a specified matter; or
x: a news entity, to the extent that it is carrying on news activities.
9: Meaning of overseas agency
In this Act, overseas agency
a: a New Zealand agency; or
b: the Government of an overseas country; or
c: an overseas government entity to the extent that the entity is performing any public function on behalf of the overseas Government; or
d: a news entity, to the extent that it is carrying on news activities.
10: Personal information held by agency if held by officer, employee, or member of agency
1: For the purposes of this Act, personal information held by a person in the person’s capacity as an officer, an employee, or a member of an agency is to be treated as being held by the agency.
2: However, subsection (1)
a: personal information held by an officer, an employee, or a member of a public sector agency ( A
i: the information is held only because of the person’s connection with a private sector agency; and
ii: that connection is not in the person’s capacity as an officer, an employee, or a member of A; or
b: personal information held by an officer, an employee, or a member of a private sector agency ( B
i: the information is held only because of the person’s connection with another agency (whether a public sector agency or private sector agency); and
ii: that connection is not in the person’s capacity as an officer, an employee, or a member of B.
3: Despite subsection (1), information that is held by an employee of a department carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency. 1993 No 28 s 3(1)–(3) Section 10(3) inserted 7 August 2020 section 126 Public Service Act 2020
11: Personal information treated as being held by another agency in certain circumstances
1: This section applies if an agency ( A B
2: For the purposes of this Act, the personal information is to be treated as being held by B, and not A.
3: However, the personal information is to be treated as being held by A as well as B if A uses or discloses the information for its own purposes.
4: For the purposes of this section, it does not matter whether A—
a: is outside New Zealand; or
b: holds the information outside New Zealand.
5: To avoid doubt, if, under subsection (2)
a: the transfer of the information to A by B is not a use or disclosure of the information by B; and
b: the transfer of the information, and any information derived from the processing of that information, to B by A is not a use or disclosure of the information by A. 1993 No 28 s 3(4) Section 11(1) replaced 30 November 2022 section 94 Statutes Amendment Act 2022
12: Actions of, and disclosure of information to, staff of agency, etc
For the purposes of this Act, an action done by, or information disclosed to, a person employed by, or in the service of, an agency in the performance of the duties of the person's employment is to be treated as having been done by, or disclosed to, the agency. 1993 No 28 s 4
2: Privacy Commissioner
1: Appointment of Privacy Commissioner
13: Privacy Commissioner
1: There continues to be a Commissioner called the Privacy Commissioner.
2: The Commissioner is—
a: a corporation sole; and
b: a Crown entity for the purposes of section 7
c: the board for the purposes of the Crown Entities Act 2004
3: The Crown Entities Act 2004 1993 No 28 s 12
14: Deputy Privacy Commissioner
1: The Governor-General may, on the recommendation of the responsible Minister, appoint a Deputy Privacy Commissioner.
2: Part 2 section 46
3: Subject to the control of the Commissioner, the Deputy Commissioner may perform or exercise all the functions, duties, and powers of the Commissioner.
4: When there is a vacancy in the position of Commissioner or when the Commissioner is (for whatever reason) absent from duty, the Deputy Commissioner may perform or exercise all the functions, duties, and powers of the Commissioner.
5: The Deputy Commissioner is entitled to all the protections, privileges, and immunities of the Commissioner. 1993 No 28 s 15
15: Holding of other offices
1: In addition to the persons specified in section 30(2)
2: If a Judge is appointed as the Commissioner or Deputy Commissioner,—
a: the appointment does not affect the Judge’s tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation); and
b: for all purposes, the Judge’s service as Commissioner or Deputy Commissioner must be taken to be service as a Judge. 1993 No 28 s 19
16: Superannuation or retiring allowances
1: For the purpose of providing superannuation or retiring allowances for the Commissioner or Deputy Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement scheme (within the meaning of section 6(1)
2: Subsections (3) to (5) Part 2 2A 1956 Act
3: The person is, for the purposes of the 1956 Act, to be treated as if the person continues to be employed in the Government service while the person is the Commissioner or Deputy Commissioner or, as the case may be, an employee of the Commissioner.
4: However, if the person ceases to be a contributor to the Government Superannuation Fund after their appointment or employment, the person may not resume making contributions to the Fund.
5: For the purposes of applying the 1956 Act to a person under this section, controlling authority 1993 No 28 Schedule 1 cl 4
2: Functions of Privacy Commissioner
17: Functions of Commissioner
1: The functions of the Commissioner are—
a: to exercise the powers, and carry out the functions and duties, conferred on the Commissioner by or under this Act or any other enactment:
b: to provide advice (with or without a request) to a Minister, a Parliamentary Under-Secretary, or an agency on any matter relevant to the operation of this Act:
c: to promote, by education and publicity, an understanding and acceptance of the information privacy principles and of the objectives of those principles:
d: to make public statements in relation to any matter affecting the privacy of individuals:
e: to receive and invite representations from members of the public on any matter affecting the privacy of individuals:
f: to consult and co-operate with other persons and bodies concerned with the privacy of individuals:
g: to examine any proposed legislation (including secondary legislation
i: the collection of personal information by a public sector agency:
ii: the sharing of personal information between public sector agencies (including parts of public sector agencies):
h: to monitor the use of unique identifiers:
i: to inquire generally into any matter, including any other enactment or any law, or any practice or procedure, whether governmental or non-governmental, or any technical development, if it appears to the Commissioner that the privacy of individuals is being, or may be, infringed (for powers of the Commissioner in relation to inquiries, see section 203
j: to undertake research into, and to monitor developments in, data processing and technology to ensure that any adverse effects of the developments on the privacy of individuals are minimised:
k: to give advice to any person in relation to any matter that concerns the need for, or desirability of, action by that person in the interests of the privacy of individuals:
l: when requested to do so by an agency, to conduct an audit of personal information maintained by that agency for the purpose of ascertaining whether the information is maintained according to the information privacy principles:
m: to monitor the operation of this Act and consider whether any amendments to this Act are necessary or desirable:
n: to report to the responsible Minister on the results of—
i: any examination conducted under paragraph (g)
ii: the monitoring undertaken under paragraph (h)
iii: the research and monitoring undertaken under paragraph (j)
iv: the monitoring and consideration undertaken under paragraph (m)
o: to report to the Prime Minister on—
i: any matter affecting the privacy of individuals, including the need for, or desirability of, taking legislative, administrative, or other action to give protection or better protection to the privacy of individuals:
ii: the desirability of New Zealand accepting any international instrument relating to the privacy of individuals:
iii: any other matter relating to the privacy of individuals that, in the Commissioner’s opinion, should be drawn to the Prime Minister’s attention:
p: to gather any information that will assist in carrying out the functions in paragraphs (a) to (o)
2: The Commissioner may at any time, if it is in the public interest or in the interests of any person or body of persons to do so, publish—
a: reports relating generally to the performance of the Commissioner's functions under this Act:
b: reports relating to any case or cases investigated by the Commissioner.
3: Subsection (2) 1993 No 28 ss 13(1), (2) 26(1) Section 17(1)﻿(g) amended 28 October 2021 section 3 Secondary Legislation Act 2021
18: Other functions of Commissioner
1: The responsible Minister may, for any of the following purposes, request the Commissioner to provide advice on whether a binding scheme requires a foreign person or entity to protect personal information in a way that, overall, provides comparable safeguards to those in this Act:
a: to assist the Minister in deciding whether to recommend the making of regulations under section 213
b: to assist the Minister in deciding whether any regulations made under section 213
i: continued without amendment; or
ii: continued with amendment; or
iii: revoked; or
iv: replaced.
2: The responsible Minister may, for the following purposes, request the Commissioner to provide advice on whether the privacy laws of a country, overall, provide comparable safeguards to those in this Act:
a: to assist the Minister in deciding whether to recommend the making of regulations under section 214
b: to assist the Minister in deciding whether any regulations made under section 214
i: continued without amendment; or
ii: continued with amendment; or
iii: revoked:
c: to assist the Minister in deciding whether, for the purposes in paragraph (a) or (b)﻿(i) or (ii) section 214(3)
19: Responsible Minister must present copy of report on operation of Act to House of Representatives
As soon as practicable after receiving a report under section 17(1)﻿(n)﻿(iv) 1993 No 28 s 26(2)
20: Duty to act independently
The Commissioner must act independently in performing statutory functions and duties, and exercising statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004 1993 No 28 s 13(1A)
21: Commissioner to have regard to certain matters
The Commissioner must, in performing any statutory function or duty, and in exercising any statutory power,—
a: have regard to the privacy interests of individuals alongside other human rights and interests, including—
i: the desirability of facilitating the free flow of information in society; and
ii: government and businesses being able to achieve their objectives efficiently; and
b: take account of international obligations accepted by New Zealand, including those concerning the international technology of communications; and
c: take account of cultural perspectives on privacy; and
d: consider any developing general international guidelines relevant to the better protection of individual privacy; and
e: have regard to the IPPs. 1993 No 28 s 14
3: Information privacy principles and codes of practice
1: Information privacy principles
22: Information privacy principles
The information privacy principles are as follows: Information privacy principle 1 Purpose of collection of personal information (1) Personal information must not be collected by an agency unless—
a: the information is collected for a lawful purpose connected with a function or an activity of the agency; and
b: the collection of the information is necessary for that purpose. (2) If the lawful purpose for which personal information about an individual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s identifying information. Information privacy principle 2 Source of personal information (1) If an agency collects personal information, the information must be collected from the individual concerned. (2) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that non-compliance would not prejudice the interests of the individual concerned; or (b) that compliance would prejudice the purposes of the collection; or (c) that the individual concerned authorises collection of the information from someone else; or (d) that the information is publicly available information; or (e) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law that imposes a pecuniary penalty; or (iii) for the protection of public revenue; or (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (v) to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual; or (f) that compliance is not reasonably practicable in the circumstances of the particular case; or (g) that the information— (i) will not be used in a form in which the individual concerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned. Information privacy principle 3 Collection of information from subject (1) If an agency collects personal information from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of— (a) the fact that the information is being collected; and (b) the purpose for which the information is being collected; and (c) the intended recipients of the information; and (d) the name and address of— (i) the agency that is collecting the information; and (ii) the agency that will hold the information; and (e) if the collection of the information is authorised or required by or under law,— (i) the particular law by or under which the collection of the information is authorised or required; and (ii) whether the supply of the information by that individual is voluntary or mandatory; and (f) the consequences (if any) for that individual if all or any part of the requested information is not provided; and (g) the rights of access to, and correction of, information provided by the IPPs. (2) The steps referred to in subclause (1) must be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected. (3) An agency is not required to take the steps referred to in subclause (1) in relation to the collection of information from an individual if the agency has taken those steps on a recent previous occasion in relation to the collection, from that individual, of the same information or information of the same kind. (4) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that non-compliance would not prejudice the interests of the individual concerned; or (b) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law that imposes a pecuniary penalty; or (iii) for the protection of public revenue; or (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (c) that compliance would prejudice the purposes of the collection; or (d) that compliance is not reasonably practicable in the circumstances of the particular case; or (e) that the information— (i) will not be used in a form in which the individual concerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned. Information privacy principle 4 Manner of collection of personal information An agency may collect personal information only—
a: by a lawful means; and
b: by a means that, in the circumstances of the case (particularly in circumstances where personal information is being collected from children or young persons),—
i: is fair; and
ii: does not intrude to an unreasonable extent upon the personal affairs of the individual concerned. Information privacy principle 5 Storage and security of personal information An agency that holds personal information must ensure— (a) that the information is protected, by such security safeguards as are reasonable in the circumstances to take, against— (i) loss; and (ii) access, use, modification, or disclosure that is not authorised by the agency; and (iii) other misuse; and (b) that, if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information. Information privacy principle 6 Access to personal information (1) An individual is entitled to receive from an agency upon request— (a) confirmation of whether the agency holds any personal information about them; and (b) access to their personal information. (2) If an individual concerned is given access to personal information, the individual must be advised that, under IPP 7 (3) This IPP is subject to the provisions of Part 4 Information privacy principle 7 Correction of personal information (1) An individual whose personal information is held by an agency is entitled to request the agency to correct the information. (2) An agency that holds personal information must, on request or on its own initiative, take such steps (if any) that are reasonable in the circumstances to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading. (3) When requesting the correction of personal information, or at any later time, an individual is entitled to— (a) provide the agency with a statement of the correction sought to the information (a statement of correction (b) request the agency to attach the statement of correction to the information if the agency does not make the correction sought. (4) If an agency that holds personal information is not willing to correct the information as requested and has been provided with a statement of correction, the agency must take such steps (if any) that are reasonable in the circumstances to ensure that the statement of correction is attached to the information in a manner that ensures that it will always be read with the information. (5) If an agency corrects personal information or attaches a statement of correction to personal information, that agency must, so far as is reasonably practicable, inform every other person to whom the agency has disclosed the information. (6) Subclauses (1) to (4) are subject to the provisions of Part 4 Information privacy principle 8 Accuracy, etc, of personal information to be checked before use or disclosure An agency that holds personal information must not use or disclose that information without taking any steps that are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant, and not misleading. Information privacy principle 9 Agency not to keep personal information for longer than necessary An agency that holds personal information must not keep that information for longer than is required for the purposes for which the information may lawfully be used. Information privacy principle 10 Limits on use of personal information (1) An agency that holds personal information that was obtained in connection with one purpose may not use the information for any other purpose unless the agency believes, on reasonable grounds,— (a) that the purpose for which the information is to be used is directly related to the purpose in connection with which the information was obtained; or (b) that the information— (i) is to be used in a form in which the individual concerned is not identified; or (ii) is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (c) that the use of the information for that other purpose is authorised by the individual concerned; or (d) that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information; or (e) that the use of the information for that other purpose is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law that imposes a pecuniary penalty; or (iii) for the protection of public revenue; or (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (f) that the use of the information for that other purpose is necessary to prevent or lessen a serious threat to— (i) public health or public safety; or (ii) the life or health of the individual concerned or another individual. (2) In addition to the uses authorised by subclause (1), an intelligence and security agency that holds personal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose Information privacy principle 11 Limits on disclosure of personal information (1) An agency that holds personal information must not disclose the information to any other agency or to any person unless the agency believes, on reasonable grounds,— (a) that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or (b) that the disclosure is to the individual concerned; or (c) that the disclosure is authorised by the individual concerned; or (d) that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information; or (e) that the disclosure of the information is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law that imposes a pecuniary penalty; or (iii) for the protection of public revenue; or (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (f) that the disclosure of the information is necessary to prevent or lessen a serious threat to— (i) public health or public safety; or (ii) the life or health of the individual concerned or another individual; or (g) that the disclosure of the information is necessary to enable an intelligence and security agency to perform any of its functions; or (h) that the information— (i) is to be used in a form in which the individual concerned is not identified; or (ii) is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (i) that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern. (2) This IPP is subject to IPP 12 Information privacy principle 12 Disclosure of personal information outside New Zealand (1) An agency ( A B IPP 11(1)﻿(a), (c), (e), (f), (h), or (i) (a) the individual concerned authorises the disclosure to B after being expressly informed by A that B may not be required to protect the information in a way that, overall, provides comparable safeguards to those in this Act; or (b) B is carrying on business in New Zealand and, in relation to the information, A believes on reasonable grounds that B is subject to this Act; or (c) A believes on reasonable grounds that B is subject to privacy laws that, overall, provide comparable safeguards to those in this Act; or (d) A believes on reasonable grounds that B is a participant in a prescribed binding scheme; or (e) A believes on reasonable grounds that B is subject to privacy laws of a prescribed country; or (f) A otherwise believes on reasonable grounds that B is required to protect the information in a way that, overall, provides comparable safeguards to those in this Act (for example, pursuant to an agreement entered into between A and B). (2) However, subclause (1) does not apply if the personal information is to be disclosed to B in reliance on IPP 11(1)﻿(e) or (f) (3) In this IPP,— prescribed binding scheme section 213 prescribed country section 214 Information privacy principle 13 Unique identifiers (1) An agency ( A (2) A may not assign to an individual a unique identifier that, to A's knowledge, is the same unique identifier as has been assigned to that individual by another agency ( B (a) A and B are associated persons within the meaning of subpart YB (b) the unique identifier is to be used by A for statistical or research purposes and no other purpose. (3) To avoid doubt, A does not assign a unique identifier to an individual under subclause (1) by simply recording a unique identifier assigned to the individual by B for the sole purpose of communicating with B about the individual. (4) A must take any steps that are, in the circumstances, reasonable to ensure that— (a) a unique identifier is assigned only to an individual whose identity is clearly established; and (b) the risk of misuse of a unique identifier by any person is minimised (for example, by showing truncated account numbers on receipts or in correspondence). (5) An agency may not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or is for a purpose that is directly related to one of those purposes. 1993 No 28 s 6
23: Application of IPPs in relation to information held overseas
An action taken by an agency in relation to information held overseas does not breach any of the IPPs if the action is required by or under the law of any country other than New Zealand. 1993 No 28 s 10(3)
24: Relationships between IPPs and other New Zealand law
1: Nothing in IPP 6, 11, or 12
a: a provision contained in any New Zealand enactment that authorises or requires personal information to be made available; or
b: a provision contained in any other New Zealand Act that—
i: imposes a prohibition or restriction in relation to the availability of personal information; or
ii: regulates the manner in which personal information may be obtained or made available.
2: An action taken by an agency does not breach IPPs 1 to 5, 7 to 10, or 13 1993 No 28 s 7(1), (2), (4)
25: IPPs 1 to 4 do not apply to personal information collected before 1 July 1993
IPPs 1 to 4 1993 No 28 s 8(1)
26: Restricted application of IPP 13 to unique identifiers assigned before 1 July 1993
1: IPP 13(1) to (4)﻿(a)
2: However, IPP 13(2) 1993 No 28 s 8(5), (6)
27: Restricted application of IPPs to personal information collected or held for personal or domestic affairs
1: IPPs 1 to 3 and 4(b)
a: is an individual; and
b: is collecting personal information solely for the purposes of, or in connection with, the individual’s personal or domestic affairs.
2: IPPs 5 to 12
a: is an individual; and
b: is holding personal information that was collected by a lawful means solely for the purposes of, or in connection with, the individual’s personal or domestic affairs.
3: However, the exemptions in subsections (1) and (2) do not apply if the collection, use, or disclosure of the personal information would be highly offensive to a reasonable person. 1993 No 28 s 56
28: IPPs 2, 3, and 4(b) do not apply to personal information collected by intelligence and security agencies
IPPs 2, 3, and 4(b) 1993 No 28 s 57
29: IPPs 6 and 7 do not apply to certain information
1: IPPs 6 and 7
a: personal information during transmission by post, personal delivery, or electronic means; or
b: personal information that is contained in any correspondence or communication between an agency and any of the following persons and that relates to an investigation conducted by that person under any Act, not being information that was in existence before the commencement of the investigation:
i: an Ombudsman:
ii: any officer or employee appointed by the Chief Ombudsman under section 11(1)
iii: the Commissioner:
iv: any employee or delegate of the Commissioner; or
c: personal information held by the Auditor-General, the Deputy Auditor-General, or any employee of the Auditor-General in connection with the performance or exercise of the Auditor-General’s functions, duties, or powers that is not personal information about any employee or former employee of the Auditor-General in their capacity as an employee; or
d: personal information contained in evidence given or submissions made to—
i: a government inquiry, until the final report of that inquiry is presented to the appointing Minister:
ii: a public inquiry (including a Royal commission), until the final report of that inquiry is presented to the House of Representatives:
iii: a person or body appointed under any Act to inquire into a specified matter; or
e: personal information contained in a video record made under the Evidence Regulations 2007
2: IPP 7 the Government Statistician under the Data and Statistics Act 2022 1993 No 28 ss 7(5) 55 Section 29(2) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
30: Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12
1: An agency may apply to the Commissioner for authorisation to do any of the following in the circumstances of a particular case:
a: collect personal information even if the collection of that information would otherwise be in breach of IPP 2
b: keep personal information even if the keeping of that information would otherwise be in breach of IPP 9
c: use personal information even if the use of that information would otherwise be in breach of IPP 10
d: disclose personal information even if the disclosure of that information would otherwise be in breach of IPP 11 or 12
2: An application under subsection (1) must be made in the manner required by the Commissioner.
3: If, on receiving an application, the Commissioner is not satisfied that the applicant has taken sufficient steps to give notice of the application to all individuals concerned, the Commissioner may require the applicant to give public notice of the application in a manner that the Commissioner specifies.
4: If, on receiving an application, the Commissioner is not satisfied that the applicant has given sufficient opportunity to individuals concerned to object to the application, the Commissioner may require the applicant to give any further opportunity that the Commissioner specifies.
5: In considering whether to grant an authorisation, the Commissioner must take into account any objections to the application received from individuals concerned.
6: The Commissioner may grant an authorisation sought by an applicant only if the Commissioner is satisfied that, in the special circumstances of the case,—
a: the public interest in granting the authorisation outweighs, to a substantial degree, the possibility of—
i: any loss, detriment, damage, or injury to the individuals concerned; or
ii: any adverse effect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or
iii: any significant humiliation, significant loss of dignity, or significant injury to the feelings of the individuals concerned; or
b: granting the authorisation would result in a clear benefit to the individuals concerned that outweighs the possibility of—
i: any loss, detriment, damage, or injury to the individuals concerned; or
ii: any adverse effect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or
iii: any significant humiliation, significant loss of dignity, or significant injury to the feelings of the individuals concerned.
7: The Commissioner may not grant an authorisation under subsection (6) in respect of any specified personal information if the individual concerned objected.
8: An authorisation granted under subsection (6) may be subject to any conditions that the Commissioner considers appropriate.
9: The Commissioner must maintain on the Commissioner’s Internet site a list of current authorisations granted under this section. 1993 No 28 s 54
31: Enforceability of IPPs
1: Except as provided in subsection (2), the IPPs do not confer on any person any right that is enforceable in a court of law.
2: The entitlements conferred on an individual by IPP 6(1) 1993 No 28 s 11
2: Codes of practice
32: Codes of practice in relation to IPPs
1: The Commissioner may at any time issue a code of practice in relation to the IPPs.
2: A code of practice may—
a: modify the application of 1 or more of the IPPs by—
i: prescribing more stringent or less stringent standards:
ii: exempting any action from an IPP, either unconditionally or conditionally:
b: apply 1 or more of the IPPs without modification:
c: prescribe how 1 or more of the IPPs are to be applied or complied with.
3: A code of practice may apply in relation to 1 or more of the following:
a: any specified information or class or classes of information:
b: any specified agency or class or classes of agency:
c: any specified activity or class or classes of activity:
d: any specified industry, profession, or calling or class or classes of industry, profession, or calling.
4: A code of practice may also—
a: impose, in relation to any private sector agency, controls in relation to the comparison (whether done manually or by means of any electronic or other device) of personal information with other personal information for the purpose of producing or verifying information about an identifiable individual:
b: in relation to charging under section 66
i: set guidelines to be followed by agencies in determining charges:
ii: prescribe circumstances in which no charge may be imposed:
c: prescribe procedures for dealing with complaints alleging a breach of the code, without limiting or restricting any provision of Part 5
d: provide for the review of the code by the Commissioner:
e: provide for the expiry of the code.
5: A code of practice may not limit or restrict the entitlements under IPP 6 or 7
6: Despite the definition of the term individual in section 7(1)
a: a sector-specific code of practice may be issued that applies 1 or more of the IPPs to information about deceased persons (whether or not the code also applies 1 or more of the IPPs to other information); and
b: the code of practice has effect under section 38
7: See section 36 Legislation Act 2019 1993 No 28 s 46 Section 32(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Issue of code of practice
1: The Commissioner may issue a code of practice on—
a: the Commissioner’s own initiative; or
b: the application of any person.
2: An application may be made under subsection (1)﻿(b) only—
a: by a body that represents the interests of any class or classes of agency, industry, profession, or calling (a group
b: if the code of practice sought by the applicant is intended to apply to that group, or any activity of the group.
3: Before issuing a code of practice, the Commissioner must—
a: give public notice of the Commissioner’s intention to issue the code and include a statement that—
i: the details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and
ii: submissions on the proposed code may be made in writing to the Commissioner within the period specified in the notice; and
b: do everything reasonably possible to advise all persons affected by the proposed code, or the representatives of those persons, of—
i: the details of the proposed code; and
ii: the reasons for the proposed code; and
c: give the persons affected by the code, or the representatives of those persons, the opportunity to make submissions on the proposed code; and
d: consider any submissions made on the proposed code.
4: Publication in the Gazette 1993 No 28 ss 47(1), (3), (4) 48(1), (2)
34: Urgent issue of code of practice
1: If the Commissioner considers that it is necessary to issue a code of practice, or to amend or revoke any code of practice, and that following the procedure set out in section 33(3)
2: Every code of practice, and every amendment to or revocation of a code of practice, issued in accordance with this section,—
a: must be identified as a temporary code or amendment or revocation; and
b: remains in force for the period (not exceeding 1 year after the date of its issue) specified for that purpose in the code or, as the case may be, the amendment or the revocation.
3: Section 35 1993 No 28 s 52 Section 34(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
35: Commencement of code
A code of practice comes into force on the 28th day after the date of its publication under the Legislation Act 2019 Section 35 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
36: Application of Legislation Act 2019 to codes
1: A code of practice is secondary legislation ( see Part 3
2: That Act applies as if—
a: the Commissioner were the maker of the code; and
b: the code were made by the Commissioner issuing it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	ensure that, so long as it remains in force, it is publicly available on an Internet site maintained by, or on behalf of, the maker •	make it available for inspection by members of the public free of charge •	make it available for purchase by members of the public at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
37: Amendment and revocation of codes of practice
1: The Commissioner may at any time issue an amendment or a revocation of a code of practice.
2: The provisions of sections 33 35 36 1993 No 28 s 51
38: Effect of codes of practice
If a code of practice is in force,—
a: any action that would otherwise be a breach of an IPP is, for the purposes of Part 5
b: failure to comply with the code, even if the failure would not otherwise be a breach of any IPP, is, for the purposes of Part 5 1993 No 28 ss 53 64
4: Access to and correction of personal information
1: Access to personal information
39: Interpretation
1: In this subpart and subpart 3 IPP 6 request IPP 6
2: In this subpart, requestor IPP 6 1993 No 28 s 33
40: Individuals may make IPP 6 request
An IPP 6 1993 No 28 s 34
41: Urgency
1: A requestor may ask that an IPP 6 urgent IPP 6 request
2: A requestor making an urgent IPP 6
3: On receiving an urgent IPP 6 1993 No 28 s 37
42: Assistance
An agency must give reasonable assistance to a person who—
a: wishes to make an IPP 6
b: is making an IPP 6 1993 No 28 s 38
43: Transfer of IPP 6 request
1: This section applies if an agency that receives an IPP 6
a: does not hold the information to which the request relates, but believes that the information is held by another agency; or
b: believes that the information to which the request relates is more closely connected with the functions or activities of another agency.
2: The agency must promptly, and in any case not later than 10 working days after the day on which the IPP 6
3: However, subsection (2) does not apply if the agency has good cause to believe that the requestor does not want the request transferred to another agency.
4: If, in reliance on subsection (3), the agency does not transfer the request, the agency must promptly, and in any case not later than 10 working days after the day on which the IPP 6
a: this section applies in respect of the request; and
b: in reliance on subsection (3), the request has not been transferred; and
c: the name of the agency to which the request could be transferred. 1993 No 28 s 39
44: Responding to IPP 6 request
1: If an agency does not transfer an IPP 6 section 43
2: A response must notify the requestor that—
a: the agency does not hold personal information in a way that enables the information to be readily retrieved; or
b: the agency does not hold any personal information about the individual to whom the request relates; or
c: the agency does hold personal information about the individual to whom the request relates and, if access to the information has been requested, that—
i: access to that information, or some of that information, is granted; or
ii: access to that information, or some of that information, is refused; or
d: the agency neither confirms nor denies that it holds any personal information about the individual to whom the request relates.
45: Decision to grant access to personal information
1: If an agency grants access to personal information, the notice under section 44(2)﻿(c)﻿(i)
a: the way the information is to be made available; and
b: the charge (if any) payable under section 66
c: the requestor’s right to make a complaint to the Commissioner about the charge that is payable (if any).
2: After giving notice under section 44(2)﻿(c)﻿(i) 1993 No 28 s 40(1), (2)
46: Decision to refuse access to personal information
1: An agency may refuse access to the personal information requested, or some of the personal information requested, only if the agency is able to rely on any of sections 49 to 53 see also section 24
2: The notice given under section 44(2)﻿(c)﻿(ii)
a: the reason for the refusal; and
b: the requestor’s right to make a complaint to the Commissioner in respect of the refusal.
3: The notice must also state the grounds in support of the reason for the refusal if—
a: the reason is that set out in section 50
b: the reason is not that set out in section 50
4: However,—
a: subsection (3)﻿(a) does not apply if disclosing the grounds would prejudice the interests protected by section 50
b: subsection (3)﻿(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 49 51 53
c: subsection (3)﻿(b) does not apply if disclosing the grounds would prejudice the interests protected by section 52 1993 No 28 ss 30 44
47: Decision to neither confirm nor deny personal information is held
1: An agency may neither confirm nor deny that it holds the personal information, or some of the personal information, requested if the agency—
a: is able to rely on section 49(1)﻿(a)﻿(i) or (d) 51 52 53(c)
b: is satisfied that the interest protected by any of those provisions would be likely to be prejudiced by the agency confirming whether or not it holds information about the requestor.
2: The notice given under section 44(2)﻿(d) 1993 No 28 s 32
48: Extension of time limits
1: On receiving an IPP 6 section 43 44
a: the request is for a large quantity of information, or necessitates a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
b: consultations necessary to make a decision on the request are such that a response to the request cannot reasonably be given within the original time limit; or
c: the processing of the request raises issues of such complexity that a response to the request cannot reasonably be given within the original time limit.
2: Any extension under subsection (1) must be for a reasonable period of time having regard to the circumstances.
3: The extension is effected by giving notice of the extension to the requestor within 20 working days after the day on which the request is received.
4: The notice effecting the extension must—
a: specify the period of the extension; and
b: give the reasons for the extension; and
c: state that the requestor has the right to make a complaint to the Commissioner about the extension; and
d: contain any other information that may be necessary. 1993 No 28 s 41
49: Protection, etc, of individual as reason for refusing access to personal information
1: An agency may refuse access to any personal information requested if—
a: the disclosure of the information would—
i: be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety; or
ii: create a significant likelihood of serious harassment of an individual; or
iii: include disclosure of information about another person who—
A: is the victim of an offence or alleged offence; and
B: would be caused significant distress, loss of dignity, or injury to feelings by the disclosure of the information; or
b: after consultation is undertaken (where practicable) by or on behalf of the agency with the health practitioner of the individual concerned, the agency is satisfied that—
i: the information relates to the individual concerned; and
ii: the disclosure of the information (being information that relates to the physical or mental health of the requestor) would be likely to prejudice the health of the individual concerned; or
c: the individual concerned is under the age of 16 and the disclosure of the information would be contrary to the interests of the individual concerned; or
d: the disclosure of the information (being information in respect of the individual concerned who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of the individual concerned.
2: In this section,— health practitioner
a: a medical practitioner; or
b: a person who is, or is deemed to be, registered with an authority appointed by or under the Health Practitioners Competence Assurance Act 2003 medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand as a practitioner of the profession of medicine; and
b: holds a current practising certificate victim section 8 1993 No 28 ss 27(1)﻿(d) 29(1)﻿(c), (d), (e), (4)
50: Evaluative material as reason for refusing access to personal information
1: An agency may refuse access to any personal information requested if—
a: the information is evaluative material and the disclosure of that information or of the information identifying the person who supplied it would breach an express or implied promise—
i: that was made to the person who supplied the information; and
ii: that was to the effect that the information or the identity of the person who supplied it, or both, would be held in confidence; or
b: the information is evaluative material that was made available by the agency to another agency, and that other agency may refuse to disclose the information under paragraph (a).
2: In this section, evaluative material
a: means evaluative or opinion material compiled solely—
i: for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates—
A: for employment or for appointment to office; or
B: for promotion in employment or office or for continuance in employment or office; or
C: for removal from employment or office; or
D: for the awarding of contracts, awards, scholarships, honours, or other benefits; or
ii: for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or
iii: for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; but
b: does not include any evaluative or opinion material described in paragraph (a) that is compiled by a person employed or engaged by an agency in the ordinary course of that person’s employment or duties. 1993 No 28 s 29(1)﻿(b), (3)
51: Security, defence, international relations as reason for refusing access to personal information
An agency may refuse access to any personal information requested if the disclosure of the information would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—
i: the Government of any other country or any agency of the Government of any other country; or
ii: any international organisation; or
c: to prejudice the security or defence of—
i: the Cook Islands; or
ii: Niue; or
iii: Tokelau; or
iv: the Ross Dependency; or
d: to prejudice relations between any of the Governments of—
i: New Zealand:
ii: the Cook Islands:
iii: Niue; or
e: to prejudice the international relations of the Government of—
i: the Cook Islands; or
ii: Niue. 1993 No 28 s 27
52: Trade secret as reason for refusing access to personal information
1: An agency may refuse access to any personal information requested if the information needs protecting because making the information available would—
a: disclose a trade secret; or
b: be likely to unreasonably prejudice the commercial position of the person who supplied the information or who is the subject of the information.
2: Subsection (1) does not apply if, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations that make it desirable, in the public interest, to make the information available. 1993 No 28 s 28
53: Other reasons for refusing access to personal information
An agency may refuse access to any personal information requested if—
a: the information requested does not exist or, despite reasonable efforts to locate it, cannot be found; or
b: the disclosure of the information would involve the unwarranted disclosure of the affairs of—
i: another individual; or
ii: a deceased person; or
c: the disclosure of the information would be likely to prejudice the maintenance of the law by any public sector agency, including—
i: the prevention, investigation, and detection of offences; and
ii: the right to a fair trial; or
d: the disclosure of the information would breach legal professional privilege; or
e: the disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was placed; or
f: the disclosure of the information would constitute contempt of court or of the House of Representatives; or
g: the request is made by a defendant or a defendant's agent and is—
i: for information that could be sought by the defendant under the Criminal Disclosure Act 2008
ii: for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act; or
h: the request is frivolous or vexatious, or the information requested is trivial. 1993 No 28 ss 27(1)﻿(c) 29(1)﻿(a), (f), (h)–(j), (2)
54: Agency may impose conditions instead of refusing access to personal information
1: This section applies if an agency has good reason under any of sections 49 to 53
2: Instead of refusing access to the personal information requested, the agency may grant access to the information, but may impose conditions relating to either or both of the following:
a: the requestor’s use of the information:
b: the requestor’s disclosure of the information to any other person.
55: Withholding personal information contained in document
1: If the personal information requested is contained in a document and there is good reason under any of sections 49 to 53 section 44(2)﻿(c)﻿(i)
2: If information is withheld under subsection (1), the agency must inform the requestor of—
a: the reason for the decision to withhold the information; and
b: the requestor’s right to make a complaint to the Commissioner in respect of that decision.
3: The agency must also disclose to the requestor the grounds in support of the reason for the decision to withhold the information if—
a: the reason is that set out in section 50(1)
b: the reason is not that set out in section 50(1)
4: However,—
a: subsection (3)﻿(a) does not apply if disclosing the grounds would prejudice the interests protected by section 50(1)
b: subsection (3)﻿(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 49 51 53
c: subsection (3)﻿(b) does not apply if disclosing the grounds would prejudice the interests protected by section 52 1993 No 28 s 43
56: Ways personal information in document may be made available
1: If the personal information requested by an individual is in a document, that information may be made available in 1 or more of the following ways:
a: by giving the requestor a reasonable opportunity to inspect the document; or
b: by providing the requestor with a hard copy or an electronic copy of the document; or
c: in the case of a document that is an article or a thing from which sounds or visual images are capable of being reproduced, by making arrangements for the requestor to hear or view the sounds or visual images; or
d: in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the requestor with a written transcript of the words recorded or contained in the document; or
e: by giving, in any manner, an excerpt or a summary of the document’s contents; or
f: by giving oral information about the document’s contents.
2: Subject to section 55
a: impair the efficient administration of the agency; or
b: be contrary to any legal duty of the agency in respect of the document; or
c: prejudice an interest protected by any of sections 49 to 53
3: If the information is not provided in the way preferred by the requestor, the agency must give to the requestor—
a: the reason for not providing the information in that way; and
b: if the requestor so requests, the grounds in support of that reason.
4: However, subsection (3)﻿(b) does not apply if disclosing the grounds would prejudice an interest protected by any of sections 49 to 53 1993 No 28 s 42
57: Responsibilities of agency before giving access to personal information
If an agency receives a request to access personal information, the agency—
a: may give access to the information only if the agency is satisfied of the identity of the requestor; and
b: must not give access to the information if the agency has reasonable grounds to believe that the request is made under the threat of physical or mental harm; and
c: must ensure, by the adoption of appropriate procedures, that any information intended for a requestor is received—
i: only by that requestor; or
ii: if the request is made by a requestor as the representative of an individual, only by the requestor or the individual; and
d: must ensure that, if the request is made by a requestor as agent for an individual, the requestor has the written authority of the individual to obtain the information, or is otherwise properly authorised by the individual to obtain the information. 1993 No 28 s 45
2: Correction of personal information
58: Interpretation
1: In this subpart and subpart 3 correction request
a: a request made under IPP 7(1)
b: a request made under IPP 7(3)﻿(b)
2: In this subpart, requestor
59: Individuals may make correction requests
A correction request may be made only by the individual concerned or the individual’s representative. 1993 No 28 s 34
60: Urgency
1: A requestor may ask that a correction request be treated as urgent (an urgent correction request
2: A requestor making an urgent correction request must state the reason why the request should be treated as urgent.
3: On receiving an urgent correction request, an agency must consider the request and the reason stated for its urgency when determining the priority to be given to responding to it. 1993 No 28 s 37
61: Assistance
An agency must give reasonable assistance to a person who—
a: wishes to make a correction request; or
b: is making a correction request. 1993 No 28 s 38
62: Transfer of correction request
1: This section applies if an agency that receives a correction request—
a: does not hold the information to which the request relates, but believes that the information is held by another agency; or
b: believes that the information to which the request relates is more closely connected with the functions or activities of another agency.
2: The agency must promptly, and in any case not later than 10 working days after the day on which the correction request is received, transfer the request to the other agency and inform the requestor accordingly.
3: However, subsection (2) does not apply if the agency has good cause to believe that the requestor does not want the request transferred to another agency.
4: If, in reliance on subsection (3), the agency does not transfer the request, the agency must promptly, and in any case not later than 10 working days after the day on which the correction request was received, inform the requestor—
a: that this section applies in respect of the request; and
b: that, in reliance on subsection (3), the request has not been transferred; and
c: which agency the request could be transferred to. 1993 No 28 s 39
63: Decision on request to correct personal information
1: As soon as is reasonably practicable after receiving a request under IPP 7(1)
a: decide whether to grant the request; and
b: notify the requestor that—
i: the agency has corrected, or will correct, the personal information; or
ii: the agency will not correct the personal information.
2: A notice under subsection (1)﻿(b)﻿(i) must inform the requestor of the action the agency has taken, or will take, to correct the information.
3: A notice under subsection (1)﻿(b)﻿(ii) must inform the requestor of—
a: the reason for the agency’s refusal to correct the information; and
b: the requestor’s entitlement to provide a statement of the correction sought and to request that it be attached to the information (if the requestor has not done so already); and
c: the requestor’s right to make a complaint to the Commissioner in respect of the agency’s refusal to correct the information. 1993 No 28 ss 6 (IPP 7(2)) 40(1)
64: Decision on request to attach statement of correction
1: As soon as is reasonably practicable after receiving a request under IPP 7(3)﻿(b)
a: decide whether to grant the request; and
b: notify the requestor that—
i: the agency has attached the statement of correction to the information; or
ii: the agency has not attached the statement of correction to the information.
2: A notice under subsection (1)﻿(b)﻿(i) must inform the requestor of the action the agency has taken to attach the statement of correction to the information.
3: A notice under subsection (1)﻿(b)﻿(ii) must inform the requestor of the requestor’s right to make a complaint to the Commissioner in respect of the agency’s refusal to attach a statement of correction to the information. 1993 No 28 ss 6 (IPP 7(3)) 40
65: Extension of time limits
1: On receiving a correction request, an agency may extend the time limit set out in section 62 63
a: the request necessitates a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
b: consultations necessary to make a decision on the request are such that a response to the request cannot reasonably be given within the original time limit; or
c: the processing of the request raises issues of such complexity that a response to the request cannot reasonably be given within the original time limit.
2: Any extension under subsection (1) must be for a reasonable period of time, having regard to the circumstances.
3: The extension is effected by giving notice of the extension to the requestor within 20 working days after the day on which the request is received.
4: The notice effecting the extension must—
a: specify the period of the extension; and
b: give the reasons for the extension; and
c: state that the requestor has the right to make a complaint to the Commissioner about the extension; and
d: contain any other information that may be necessary. 1993 No 28 s 41
3: Charges
66: Charges
1: In relation to an IPP 6
a: a public sector agency may, if authorised under section 67
b: a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for—
i: providing assistance under section 42
ii: making information available in compliance, in whole or in part, with the request.
2: In relation to a correction request,—
a: a public sector agency may, if authorised under section 67
b: a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for—
i: providing assistance under section 61
ii: attaching a statement of correction to personal information.
3: Except as provided in subsections (1) and (2), no public sector agency or private sector agency may impose any charge in relation to an IPP 6
4: A charge imposed under subsection (1) or (2) must be reasonable and, in the case of a charge imposed under subsection (1)﻿(a) or (b)﻿(ii), regard may be had to—
a: the cost of the labour and materials involved in making the information available; and
b: any costs involved in making the information available urgently (in the case of an urgent IPP 6 section 41
5: An agency may require all or part of a charge to be paid in advance. 1993 No 28 ss 35 40(2)
67: Commissioner may authorise public sector agency to impose charge
1: The Commissioner may authorise a public sector agency to impose a charge under section 66(1)﻿(a) or (2)﻿(a)
2: The Commissioner may impose any conditions on an authorisation that the Commissioner considers appropriate.
3: The Commissioner may, at any time, revoke an authorisation, but only after giving the agency an opportunity to be heard. 1993 No 28 s 36
5: Complaints, investigations, and proceedings
68: Interpretation
In this Part, unless the context otherwise requires,— access direction section 92 action section 7(1) aggrieved individual
a: a complaint under subpart 1
b: an investigation under subpart 2
c: a proceeding under subpart 3 approved information sharing agreement section 138 complainant information matching agreement section 178 parties
a: in relation to an investigation conducted by the Commissioner on receiving a complaint under section 72(1)
i: the complainant whose complaint is the subject of the investigation; and
ii: the aggrieved individual, if the complaint is made on behalf of that aggrieved individual (and no other aggrieved individual); and
iii: the respondent:
b: in relation to an investigation conducted by the Commissioner on the Commissioner’s own initiative, means—
i: the aggrieved individual or aggrieved individuals (if known); and
ii: the respondent respondent subpart 2
69: Interference with privacy of individual
1: In this Act, an action of an agency is an interference with the privacy of an individual
2: An action of an agency is an interference with the privacy of an individual if the action breaches,—
a: in relation to the individual,—
i: 1 or more of the IPPs; or
ii: the provisions of an approved information sharing agreement; or
iii: the provisions of an information matching agreement or section 179 181
iv: section 115
b: the action—
i: has caused, or may cause, loss, detriment, damage, or injury to the individual; or
ii: has adversely affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of the individual; or
iii: has resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of the individual.
3: An action of an agency is an interference with the privacy of an individual if, in relation to a request made by a person under IPP 6 or 7
a: a decision to refuse a request under IPP 6
b: a decision to refuse a request under IPP 7
c: any other decision under Part 4
4: For the purpose of subsection (3)﻿(a), the following must be treated as a decision by an agency to refuse a request under IPP 6
a: a failure to comply with the time limits in Part 4
b: undue delay in making information available after granting the request.
5: For the purpose of subsection (3)﻿(b), the following must be treated as a decision by an agency to refuse a request under IPP 7
a: a failure to comply with the time limits in Part 4
b: undue delay in correcting information after granting the request:
c: undue delay in attaching a statement of correction after granting the request. 1993 No 28 s 66
1: Complaints
70: Complaints
1: A complaint may be made under this Part alleging that an action of an agency is, or appears to be, an interference with the privacy of an individual.
2: A complaint may be made together with 1 or more other complaints.
71: Who may make complaint
1: Any person may make a complaint.
2: A complaint may be made on behalf of 1 or more aggrieved individuals. 1993 No 28 s 67(1)
72: Form of complaint
1: A complaint must be made to the Commissioner and may be made orally or in writing.
2: A complaint made orally must be put in writing as soon as practicable.
3: If a person wishing to make a complaint to the Commissioner requires assistance to put the complaint in writing, the Commissioner must give that person any assistance that is reasonably necessary in the circumstances. 1993 No 28 ss 67(2) 68
73: Procedure on receipt of complaint
1: As soon as practicable after receiving a complaint, the Commissioner must consider the complaint and—
a: decide, in accordance with section 74
b: decide, in accordance with section 75
c: decide, in accordance with section 76
d: decide, in accordance with section 77
e: decide to investigate the complaint in accordance with subpart 2
2: As soon as practicable after making a decision under subsection (1), the Commissioner must—
a: advise the complainant of that decision; and
b: advise the complainant of the reasons for the decision, if the decision is made under subsection (1)﻿(a). 1993 No 28 ss 70 71(3) 72(3) 72A(3) 72B(3) 72C(3)
74: Commissioner may decide not to investigate complaint
1: The Commissioner may decide not to investigate a complaint if, in the Commissioner’s opinion,—
a: the complainant has not made reasonable efforts to resolve the complaint directly with the agency concerned; or
b: there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or
c: there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or
d: the complaint relates to a matter in respect of which a code of practice has been issued that includes a complaints procedure, and the complainant has not taken reasonable steps to pursue, or fully pursue, the redress available under that procedure; or
e: the aggrieved individual or aggrieved individuals knew about the action that is the subject of the complaint for 12 months or more before the complaint was made; or
f: the time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or
g: the aggrieved individual or aggrieved individuals do not want the complaint pursued; or
h: the complainant does not have a sufficient personal interest in the subject of the complaint; or
i: the subject of the complaint is trivial; or
j: the complaint is frivolous, vexatious, or not made in good faith.
2: Despite anything in subsection (1), the Commissioner may, in the Commissioner’s discretion, decide not to investigate a complaint if it appears to the Commissioner that, having regard to all the circumstances of the case, an investigation is unnecessary. 1975 No 9 s 17(1)﻿(f)﻿(i) 1993 No 28 s 71(1)
75: Referral of complaint to another person
1: This section applies if, after receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of any of the following persons:
a: an Ombudsman:
b: the Health and Disability Commissioner:
c: the Inspector-General of Intelligence and Security:
d: the Independent Police Conduct Authority.
2: The Commissioner must—
a: consult the person specified in subsection (1) who the Commissioner considers has jurisdiction to deal with the complaint; and
b: decide the appropriate means of dealing with the complaint.
3: If the Commissioner decides that the complaint should be dealt with, in whole or in part, by a person specified in subsection (1), the Commissioner must, as soon as practicable, refer the complaint, or the appropriate part of the complaint, to that person. 1993 No 28 ss 72 72A 72B
76: Referral of complaint to overseas privacy enforcement authority
1: This section applies if, on receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority.
2: As soon as practicable, the Commissioner may—
a: consult the overseas privacy enforcement authority and the complainant; and
b: decide the appropriate means of dealing with the complaint.
3: If the Commissioner decides that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority and both the authority and the complainant agree, the Commissioner may refer the complaint, or the appropriate part of the complaint, to the authority. 1993 No 28 s 72C
77: Exploring possibility of settlement and assurance without investigating complaint
1: At any time after receiving a complaint and without commencing an investigation, the Commissioner may decide to use best endeavours to—
a: secure a settlement of the complaint; and
b: if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action.
2: If the Commissioner is unable to secure a settlement or a satisfactory assurance, the Commissioner may—
a: decide not to investigate the complaint if the Commissioner—
i: is satisfied of any of the matters set out in section 74
ii: considers that any further action is unnecessary or inappropriate; or
b: decide to investigate the complaint under subpart 2
3: As soon as practicable after making a decision under subsection (2), the Commissioner must notify the complainant of the decision. 1993 No 28 s 74
78: Referral of complaint to Director without conducting investigation
The Commissioner may refer a complaint to the Director without conducting an investigation if—
a: the Commissioner is unable to secure a settlement or a satisfactory assurance under section 77
b: it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or
c: it appears that the action that is the subject of the complaint was done in contravention of any term of settlement or an assurance previously secured under this Act or the Privacy Act 1993 1993 No 28 s 77(2)﻿(a), (c)
2: Investigations by Commissioner
79: Application of this subpart
This subpart applies to investigations conducted by the Commissioner—
a: into complaints received under section 72(1)
b: on the Commissioner’s own initiative, into any matter in respect of which a complaint may be made under this Act.
80: Commencing investigation
1: As the first step of an investigation, the Commissioner must notify the respondent that the Commissioner is commencing an investigation.
2: A notice given under subsection (1) must set out—
a: the details of—
i: the complaint; or
ii: the subject of the investigation; and
b: the right to provide, within a reasonable time, a written response to the Commissioner. 1993 No 28 s 73
81: Conducting investigation
1: The Commissioner must conduct an investigation in a timely manner.
2: During an investigation, the Commissioner may—
a: hear and obtain information from any person; and
b: make any inquiries.
3: At any time during an investigation, the Commissioner may decide to take no further action on a complaint or matter if the Commissioner—
a: is satisfied of any of the matters set out in section 74
b: considers that any further action is unnecessary or inappropriate.
4: As soon as practicable after making a decision under subsection (3), the Commissioner must notify the parties of—
a: that decision; and
b: the reason for that decision.
5: It is not necessary for the Commissioner to hold a hearing, and no person is entitled as of right to be heard by the Commissioner.
6: Any investigation held by the Commissioner must be conducted in private. 1993 No 28 ss 71(2) 75 90(1), (2)
82: Commissioner may regulate own procedure
When conducting an investigation, the Commissioner may adopt any procedure the Commissioner considers appropriate that is not inconsistent with this Act or any regulations made under section 215(1)﻿(a) 1993 No 28 s 90(3)
83: Exploring possibility of settlement and assurance during investigation
1: At any time during an investigation of a complaint, the Commissioner may decide to use best endeavours to—
a: secure a settlement of the complaint; and
b: if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action.
2: At any time during an investigation being conducted on the Commissioner’s own initiative, the Commissioner may decide to use best endeavours to secure a satisfactory assurance from the respondent that there will not be a repetition of the action that gave rise to the investigation, or of a similar kind of action. 1993 No 28 s 74
84: Referral of complaint to Director without completing investigation
The Commissioner may refer the complaint or the matter that is the subject of the investigation to the Director without conducting any further investigation if—
a: the Commissioner is unable to secure a settlement or a satisfactory assurance under section 83
b: it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or
c: it appears that the action that is the subject of the complaint or that gave rise to the investigation was done in contravention of any term of settlement or an assurance previously secured under this Act or the Privacy Act 1993 1993 No 28 s 77(2)
85: Compulsory conferences of parties to complaint
1: At any time during an investigation of a complaint, the Commissioner may call a conference of the parties—
a: by sending each of them a notice requesting their attendance at a specified time and place; or
b: by any other means agreed by the parties.
2: The objectives of a conference are—
a: to identify the matters in issue; and
b: to try to obtain agreement between the parties on the resolution of those matters in order to settle the complaint.
3: If a person fails to comply with a request under subsection (1) to attend a conference, the Commissioner may issue a summons requiring the person to attend a conference at a time and place specified in the summons.
4: Section 159 1993 No 28 s 76
86: Power to summon persons
1: The Commissioner may summon and examine on oath any person who the Commissioner considers is able to give information relevant to an investigation, and may for that purpose administer an oath to the person.
2: Every examination by the Commissioner under subsection (1) is to be treated as a judicial proceeding within the meaning of section 108
3: A person who is summoned by the Commissioner under this section is entitled to the same fees, allowances, and expenses as if the person were a witness in a court, and—
a: the provisions of any regulations prescribing the fees, allowances, and expenses payable to persons giving evidence under the Criminal Procedure Act 2011
b: the Commissioner has the powers of a court under those regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations. 1993 No 28 s 91(1)–(3), (5)
87: Power to require information and documents
1: At any time during an investigation, the Commissioner may, by notice, require any person to provide—
a: any information in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation:
b: any documents or things in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation.
2: A person who receives a notice under subsection (1) must comply with that notice as soon as practicable, but in no case later than—
a: the date specified in the notice; or
b: if no date is specified in the notice, the 20th working day after the date of receipt of the notice.
3: However, a person may request an extension of the time limit for complying with a notice received under subsection (1) if—
a: the requirement in the notice relates to, or necessitates a search through, a large quantity of information, documents, or things, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
b: the consultations necessary before the requirement in the notice can be complied with are such that meeting the original time limit is unreasonable; or
c: the complexity of the issues raised by the requirement in the notice is such that meeting the original time limit is unreasonable.
4: A request under subsection (3) must be made to the Commissioner before the expiry of the date in subsection (2)﻿(b) and specify—
a: the period of the extension sought; and
b: the reasons for the extension; and
c: any other relevant information.
5: The Commissioner must grant a request made under subsection (3) if satisfied that any of the grounds specified in that subsection are established. 1993 No 28 ss 91(4) 92(1), (2) 93
88: Disclosure of information may be required despite obligation of secrecy
1: A person who is bound by the provisions of an enactment to maintain secrecy in relation to, or not to disclose, any matter may be required to do the following even though compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure:
a: give evidence to, or answer questions put by, the Commissioner:
b: provide information, documents, or things to the Commissioner.
2: Compliance with a requirement of this kind is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.
3: However, the Commissioner may not require information, documents, or things to be provided if—
a: the Prime Minister certifies that the giving of any information, document, or thing might prejudice—
i: the security or defence of New Zealand, or the international relations of the Government of New Zealand; or
ii: any interest protected by section 7
b: the Attorney-General certifies that the giving of any information, document, or thing—
i: might prejudice the prevention, investigation, or detection of offences; or
ii: might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and the disclosure would be injurious to the public interest.
4: This section is subject to section 89 1993 No 28 s 95
89: Protection and privileges of persons required to provide information, etc
1: Every person has the same privileges as witnesses have in a court of law in relation to—
a: giving evidence to, or answering questions put by, the Commissioner:
b: providing information, documents, or things to the Commissioner.
2: However, if the Commissioner issues a notice under section 87 IPP 6
3: When any information, document, or thing is provided under subsection (2), the Commissioner must not—
a: use the information, document, or thing other than for the purpose specified in subsection (2); or
b: take into account the information or any information in the document or thing in forming an opinion about the release of any other information; or
c: give an opinion as to whether the claim of privilege is valid to any person other than—
i: the complainant (if any):
ii: an aggrieved individual:
iii: the respondent:
iv: the Director:
v: the Tribunal; or
d: release the information, document, or thing, or any information derived from the document or thing, to any person other than—
i: any lawyer engaged by the Commissioner for the purpose of providing legal advice as to whether the information, document, or thing would be properly withheld under subsection (1); or
ii: the Director, if the Commissioner has given an opinion to the Director under paragraph (c)﻿(iv); or
iii: the Tribunal, if the Commissioner is required to provide a report or information under section 108(1)
4: Subsection (3)﻿(c) does not prevent the Commissioner from giving, either generally or to a particular person, an opinion in a form that does not identify—
a: the person who provided the information, document, or thing; or
b: a person who is the subject of the information, document, or thing.
5: Subsection (3)﻿(d) does not prevent the Commissioner from giving the information, document, or thing, or any information derived from the document or thing, to a person if—
a: the person who provided the information, document, or thing consents; and
b: the person who is the subject of the information, document, or thing consents.
6: The privileges protected by this section do not include public interest immunity ( see section 209
7: A person who complies with any requirement of the Commissioner under section 87 88 section 212 1993 No 28 s 94
90: Disclosed information privileged
1: Any information, document, or thing provided by a person in the course of an investigation by the Commissioner, or during any hearing before the Commissioner, is privileged in the same manner as if the investigation or hearing were proceedings in a court.
2: The following persons may not be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in performing or exercising their functions, duties, or powers under this Act:
a: the Commissioner, or any person who has held the appointment of Commissioner:
b: a person who is employed or engaged, or who has been employed or engaged, by the Commissioner:
c: the Director.
3: Subsection (2) does not apply in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of conspiring to commit an offence against any of the provisions listed in paragraph (a); or
c: the offence of attempting to commit an offence against any of the provisions listed in paragraph (a).
4: For the purposes of clause 3 of Part 2 1993 No 28 s 96
91: Procedure after completion of investigation relating to access to personal information
1: This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 1
2: The Commissioner may,—
a: in the case of an investigation conducted on a complaint, make a determination that the complaint—
i: has substance; or
ii: does not have substance; or
b: in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the matter that is the subject of the investigation—
i: should be proceeded with; or
ii: should not be proceeded with.
3: If the Commissioner determines that a complaint has substance, the Commissioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 83(1)
4: If the Commissioner determines that the matter that is the subject of an investigation should be proceeded with, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 83(2)
5: If the complaint or matter has not been resolved despite the Commissioner using best endeavours under subsection (3) or (4), the Commissioner may do 1 or more of the following:
a: make any access direction under section 92
b: refer the complaint or matter, as the case may be, to the Director:
c: take any other action that the Commissioner considers appropriate.
6: Without limiting subsection (5)﻿(b), the Commissioner may refer the complaint or matter, as the case may be, to the Director if the action that is the subject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993
7: As soon as practicable, the Commissioner must give notice to the parties of—
a: any determination made, or not made, under subsection (2) and the reasons for making or not making that determination; and
b: any access direction that is made referred to in subsection (5)﻿(a); and
c: any referral made under subsection (5)﻿(b) or (6); and
d: any other action taken under subsection (5)﻿(c).
92: Access direction
1: The Commissioner may direct an agency to provide an individual access to the individual’s personal information in any manner that the Commissioner considers appropriate.
2: Without limiting subsection (1), the Commissioner may direct an agency to do any of the following before a specified date:
a: confirm whether the agency holds any specified personal information:
b: permit the individual access to any specified personal information:
c: make any specified information available to the individual in a particular way.
3: The Commissioner may, at any time, on the request of the individual or on the Commissioner’s own initiative,—
a: amend an access direction; or
b: cancel an access direction.
93: Procedure after completion of investigation relating to charging
1: This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 3 subpart 1 2
a: contrary to section 66
b: unreasonable.
2: If it has not been possible to secure a settlement, the Commissioner may make a determination that the charge imposed by the agency is—
a: properly imposed:
b: improperly imposed:
c: reasonable:
d: unreasonable.
3: If the Commissioner makes a determination under subsection (2)﻿(d), the Commissioner may also determine the appropriate charge for the agency to impose.
4: As soon as practicable, the Commissioner must notify the parties to any determination made, or not made, under subsection (2) or (3).
5: A determination made by the Commissioner under subsection (2) is final and binding and no proceedings may be commenced in the Tribunal by the parties in respect of that determination.
6: If the Commissioner makes a determination under subsection (3) and the agency does not agree to reduce the charge it has imposed to the amount determined by the Commissioner to be appropriate (or less),—
a: the imposition of the charge is treated as an interference with the privacy of an individual for the purposes of section 69(3)
b: the Commissioner may take 1 or more of the actions specified in section 91(5) 1993 No 28 ss 75 78
94: Procedure after completion of other investigations
1: After the Commissioner has completed an investigation under this subpart, other than an investigation to which section 91 93
a: in the case of an investigation conducted in respect of a complaint, make a determination that the complaint—
i: has substance; or
ii: does not have substance; or
b: in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the subject of the investigation—
i: should be proceeded with; or
ii: should not be proceeded with.
2: If the Commissioner determines that a complaint has substance, the Commissioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 83(1)
3: If the Commissioner determines that a matter that is the subject of an investigation should be proceeded with, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 83(2)
4: If the complaint or matter has not been resolved despite the Commissioner using best endeavours, the Commissioner may do either or both of the following:
a: refer the complaint or the matter, as the case may be, to the Director:
b: take any other action the Commissioner considers appropriate.
5: Without limiting subsection (4)﻿(a), the Commissioner may refer the complaint or matter, as the case may be, to the Director if the action that is the subject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993
6: As soon as practicable, the Commissioner must notify the parties to the investigation of—
a: any determination made, or not made, under subsection (1); and
b: any referral made under subsection (4)﻿(a); and
c: any other action taken under subsection (4)﻿(b). 1993 No 28 ss 75 77(1), (2)
95: Special procedure relating to intelligence and security agency
1: Nothing in section 85 91 93 94 subpart 3
a: any complaint made under this Part in relation to an action of an intelligence and security agency; or
b: any investigation conducted under this Part in relation to an action of an intelligence and security agency.
2: If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and security agency a report setting out—
a: that opinion; and
b: the reasons for that opinion.
3: A report provided under subsection (2) may include any recommendations that the Commissioner considers appropriate.
4: When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify the Commissioner within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report.
5: If, within a reasonable time after any report is made, the intelligence and security agency has taken no steps in response to the report that the Commissioner considers to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.
6: As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives. 1993 No 28 s 81
96: Commissioner to report breach of duty or misconduct
If, during or after an investigation, the Commissioner is of the opinion that there is evidence of any significant breach of duty or misconduct on the part of an agency, or an officer, an employee, or a member of an agency, the Commissioner must refer the matter to the appropriate authority. 1993 No 28 s 80
3: Proceedings before Human Rights Review Tribunal
Proceedings in relation to complaints or investigations
97: Director may commence proceedings in Tribunal
1: This section applies if a complaint or matter is referred by the Commissioner to the Director under section 78 84 91(5)﻿(b) or (6) 94(4)﻿(a) or (5)
2: The Director must—
a: decide whether to commence proceedings in the Tribunal in respect of the complaint or matter; and
b: give written notice to the following persons of that decision:
i: the complainant; and
ii: the agency whose action was the subject of the complaint or matter.
3: Before commencing any proceedings in the Tribunal, the Director must give the agency an opportunity to be heard.
4: The parties to proceedings commenced under this section are—
a: the Director, as the plaintiff; and
b: the agency, as the defendant.
5: An aggrieved individual may join, or be joined in, the proceedings only if the Tribunal so orders.
6: The Director may bring proceedings on behalf of a class of aggrieved individuals, and may seek on behalf of the individuals who belong to the class any of the remedies described in section 102 1993 No 28 s 82
98: Aggrieved individuals may commence proceedings in Tribunal
1: An aggrieved individual, a representative on behalf of an aggrieved individual, or a representative lawfully acting on behalf of a class of aggrieved individuals may commence proceedings in the Tribunal in respect of a complaint received by the Commissioner, or a matter investigated under subpart 2
a: the Commissioner decides, under section 77(2)﻿(a)
b: the Commissioner, having commenced an investigation, decides not to further investigate the complaint or matter; or
c: the Commissioner does not make a determination under section 91(2) 93(2) 94(1)
d: the Commissioner determines that the complaint does not have substance, or that the matter should not be proceeded with; or
e: the Commissioner determines that the complaint has substance, or the matter should be proceeded with, but does not refer the complaint or matter to the Director; or
f: the Commissioner makes an access direction under section 92
g: the Commissioner makes an access direction under section 92 section 102
h: the Director decides not to commence proceedings in respect of the complaint or matter referred to the Director by the Commissioner; or
i: the Director notifies the aggrieved individual or individuals that the Director agrees to the aggrieved individual or individuals commencing proceedings in respect of the complaint or matter referred to the Director by the Commissioner.
2: A person commencing proceedings under subsection (1)﻿(a) must do so within 6 months after the Commissioner has given notice to the complainant under section 77(3)
3: A person commencing proceedings under subsection (1)﻿(b) must do so within 6 months after the Commissioner has given notice to the parties under section 81(4)
4: A person commencing proceedings under subsection (1)﻿(c), (d), (e), or (f) must do so within 6 months after the Commissioner has given notice to the parties under section 91(7) 93(4) 94(6)
5: A person commencing proceedings under subsection (1)﻿(g) must do so within 6 months after the expiry of the period specified in section 106
6: A person commencing proceedings under subsection (1)﻿(h) must do so within 6 months after the Director has given notice of the Director’s decision under section 97(2)﻿(b)
7: A person commencing proceedings under subsection (1)﻿(i) must do so within 6 months after the Director has given notice to the aggrieved individual or individuals under subsection (1)﻿(i).
8: The Chairperson may agree to extend any period specified in subsections (2) to (7) for commencing proceedings if, on an application made for the purpose by the person proposing to commence proceedings, the Chairperson is satisfied that exceptional circumstances prevented proceedings from being commenced within the specified period. 1993 No 28 s 83
99: Right of Director to appear in proceedings commenced under section 98
1: The Director may appear and be heard in person or by a lawyer—
a: in any proceedings commenced in the Tribunal under section 98
b: in proceedings commenced in any court relating to the proceedings commenced in the Tribunal under this Part.
2: If the Director appears in any proceedings,—
a: the Director has the same rights as the parties to the proceedings to—
i: call evidence on any matter; and
ii: examine, cross-examine, and re-examine witnesses; and
b: the Tribunal or court may order—
i: any party to pay the costs incurred by the Director by reason of the Director’s appearance; or
ii: the Director to pay the costs incurred by any or all of the parties by reason of the Director’s appearance.
3: If the Director declines to appear and be heard in any proceedings,—
a: the Commissioner may instead appear and be heard in the proceedings; and
b: subsection (2) applies to the Commissioner in the same way as it applies to the Director.
4: Nothing in this section limits or affects—
a: section 110(1)
b: any power of a court to award costs in any proceedings to which the Director is a party. 1993 No 28 s 86(1)–(3), (5), (6)
100: Apology not admissible except for assessment of remedies
1: If an apology is given by an agency in connection with an action alleged to be an interference with the privacy of an individual, it is not admissible as evidence in any civil proceedings against the agency under this Part except as provided in subsection (2).
2: An agency may bring evidence of the apology for the purpose of the Tribunal’s assessing of remedies to be awarded against the agency.
101: Onus of proof
If any provision of this Act, or any code of practice, excepts or exempts any action from being an interference with the privacy of an individual, the defendant has the onus of proving that exception or exemption in any proceedings under this Part. 1993 No 28 s 87
102: Remedies in respect of interference with privacy
1: This section applies if proceedings are commenced in the Tribunal in respect of an action that is alleged to be an interference with the privacy of an individual.
2: If, in the proceedings, the Tribunal is satisfied on the balance of probabilities that any action of the defendant is an interference with the privacy of 1 or more individuals, the Tribunal may grant 1 or more of the following remedies:
a: a declaration that the action of the defendant is an interference with the privacy of 1 or more individuals:
b: an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order:
c: damages in accordance with section 103
d: an order that the defendant perform any acts specified in the order with a view to remedying the interference, or redressing any loss or damage suffered by the aggrieved individual or aggrieved individuals as a result of the interference, or both:
e: any other relief that the Tribunal considers appropriate.
3: It is not a defence to proceedings that the interference was unintentional or without negligence on the part of the defendant, but the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant. 1993 No 28 s 85(1), (4)
103: Damages
1: In any proceedings, the Tribunal may award damages against the defendant for an interference with the privacy of an individual in respect of 1 or more of the following:
a: pecuniary loss suffered as a result of the transaction or activity out of which the interference arose:
b: expenses reasonably incurred by the aggrieved individual for the purpose of the transaction or activity out of which the interference arose:
c: loss of any benefit, whether or not of a monetary kind, that the aggrieved individual might reasonably have been expected to obtain but for the interference:
d: humiliation, loss of dignity, and injury to the feelings of the aggrieved individual.
2: If the proceedings are brought on behalf of more than 1 aggrieved individual, the Tribunal may award damages under subsection (1) to each aggrieved individual.
3: Subsection (1) is subject to subpart 1
4: The Director must pay damages recovered under this section to the aggrieved individual on whose behalf the proceedings were brought.
5: Subsection (4) is subject to subsections (6) to (8).
6: If the aggrieved individual is a minor who is not married or not in a civil union, the Director may decide to pay the damages to Public Trust or to any person or trustee corporation acting as the manager of any property of the aggrieved individual.
7: If the aggrieved individual is a mentally disordered person within the meaning of section 2 Protection of Personal and Property Rights Act 1988
8: If the aggrieved individual is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988
a: if damages fall within the terms of the property order, the Director must pay the damages to the person or trustee corporation acting as the property manager; or
b: if damages do not fall within the terms of the property order, the Director may decide to pay the damages to Public Trust.
9: If money is paid to Public Trust under subsection (6), (7), or (8),—
a: sections 103 to 110
b: sections 108D 108F 108G
c: section 108E 1993 No 28 s 88 1994 No 88 s 57 Access order
104: Enforcement of access direction
1: If an agency has not complied with an access direction, or lodged an appeal under section 105
2: If the Tribunal grants an application, the Tribunal must specify in the access order the date by which the agency must comply with the access direction.
3: An application under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the application to be heard by the Tribunal.
4: An agency that, without reasonable excuse, fails to comply with an access order commits an offence and is liable on conviction to a fine not exceeding $10,000. Appeal against access direction
105: Appeal to Tribunal against access direction
1: An agency against which an access direction has been made may appeal to the Tribunal against the direction.
2: The parties to the appeal are the parties to the investigation.
106: Time for lodging appeal
1: An appeal under section 105 section 91(7) appeal period
2: The Chairperson may accept an appeal lodged not later than 3 months after the appeal period if, on an application made for that purpose by the party lodging the appeal, the Chairperson is satisfied that exceptional circumstances prevented the appeal from being lodged within the appeal period.
107: Interim order suspending Commissioner’s direction pending appeal
1: The Chairperson of the Tribunal may make an interim order suspending an access direction until an appeal is determined if the Chairperson is satisfied that it is necessary and in the interests of justice to make the order.
2: If an interim order is made under subsection (1)
3: An application under subsection (2) may be—
a: made only with the leave of the Chairperson:
b: made instead of, but not as well as, an appeal against the interim order under section 123(1)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 section 96 Section 107(2) amended 30 November 2022 section 95(1) Statutes Amendment Act 2022 Section 107(4) inserted 30 November 2022 section 95(2) Statutes Amendment Act 2022
108: Determination of appeal
1: The Tribunal may require the Commissioner to provide either or both of the following:
a: a written report setting out the considerations to which the Commissioner had regard in making the access direction:
b: any information held by the Commissioner relating to the making of the access direction that is required to determine the appeal.
2: At the hearing of an appeal (other than an appeal determined on the papers), the Commissioner is entitled to appear in person, or by a representative, and be heard.
3: The Tribunal may determine an appeal by—
a: confirming the direction appealed against:
b: modifying the direction appealed against:
c: reversing the direction appealed against.
4: The Tribunal may award damages in accordance with section 103 Miscellaneous
109: Proceedings involving access to personal information
1: This section applies if—
a: proceedings are commenced in the Tribunal under section 97 98 subpart 1
b: an appeal is lodged in the Tribunal under section 105
2: During the proceedings the Tribunal may, for the purpose of determining whether the agency may properly refuse access to personal information, do either or both of the following:
a: require the agency to produce the personal information to the members of the Tribunal, but to no other person:
b: allow the agency to give evidence and make submissions in the absence of—
i: other parties; and
ii: all lawyers (if any) representing those other parties; and
iii: all members of the public.
3: However, the Tribunal may only exercise the powers in subsection (2) if it is necessary to do so to avoid compromising the matters that the agency considers justify refusing access to the personal information.
110: Costs
1: In any proceedings under section 97 98 104 105
2: If, in any proceedings before the Tribunal or a court, costs are ordered to be paid by the Director, those costs must be paid by the Commissioner.
3: The Commissioner is not entitled to be indemnified by an aggrieved individual in respect of any costs the Commissioner is required to pay under subsection (2). 1993 No 28 ss 85(2), (3) 86(4)
111: Certain provisions of Human Rights Act 1993 to apply
1: Except to the extent modified by this subpart, the provisions of the Human Rights Act 1993 section 97 98 104 105
2: The provisions of the Human Rights Act 1993
a: sections 92Q to 92W
b: Part 4
i: sections 97 108A 108B section 97 98 104
ii: sections 97 108A 108B section 105 1993 No 28 s 89 Section 111(2)﻿(b)﻿(ii) amended 30 November 2022 section 96 Statutes Amendment Act 2022
6: Notifiable privacy breaches and compliance notices
1: Notifiable privacy breaches
112: Interpretation
1: In this subpart,— affected individual
a: means the individual to whom the information relates; and
b: includes an individual inside or outside New Zealand; and
c: despite the definition of individual in section 7(1)
i: if a sector-specific code of practice issued under section 32
ii: to the extent that the code of practice applies 1 or more IPPs to that information notifiable privacy breach
a: means a privacy breach that it is reasonable to believe has caused serious harm to an affected individual or individuals or is likely to do so ( see section 113
b: does not include a privacy breach if the personal information that is the subject of the breach is held by an agency who is an individual and the information is held solely for the purposes of, or in connection with, the individual’s personal or domestic affairs privacy breach
a: means—
i: unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, the personal information; or
ii: an action that prevents the agency from accessing the information on either a temporary or permanent basis; and
b: includes any of the things listed in paragraph (a)﻿(i) or an action under paragraph (a)﻿(ii), whether or not it—
i: was caused by a person inside or outside the agency; or
ii: is attributable in whole or in part to any action by the agency; or
iii: is ongoing.
2: For the purposes of this subpart, the meanings of access disclosure loss
113: Assessment of likelihood of serious harm being caused by privacy breach
When an agency is assessing whether a privacy breach is likely to cause serious harm in order to decide whether the breach is a notifiable privacy breach, the agency must consider the following:
a: any action taken by the agency to reduce the risk of harm following the breach:
b: whether the personal information is sensitive in nature:
c: the nature of the harm that may be caused to affected individuals:
d: the person or body that has obtained or may obtain personal information as a result of the breach (if known):
e: whether the personal information is protected by a security measure:
f: any other relevant matters.
114: Agency to notify Commissioner of notifiable privacy breach
An agency must notify the Commissioner as soon as practicable after becoming aware that a notifiable privacy breach has occurred.
115: Agency to notify affected individual or give public notice of notifiable privacy breach
1: An agency must notify an affected individual as soon as practicable after becoming aware that a notifiable privacy breach has occurred, unless subsection (2) or an exception in section 116 section 116(4)
2: If it is not reasonably practicable to notify an affected individual or each member of a group of affected individuals, the agency must instead give public notice of the privacy breach, unless an exception in section 116 section 116(4)
3: Public notice must be given—
a: in a form in which no affected individual is identified; and
b: in accordance with any regulations made under section 215(1)﻿(a)
4: If subsection (2) or an exception in section 116
a: circumstances change so that subsection (2) or the exception no longer applies; and
b: at that later time, there is or remains a risk that the privacy breach will cause serious harm to the affected individual or individuals.
5: A failure to notify an affected individual or give public notice under this section may be an interference with privacy under this Act ( see section 69(2)﻿(a)﻿(iv)
116: Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach
1: An agency is not required to notify an affected individual or give public notice of a notifiable privacy breach if the agency believes that the notification or notice would be likely to—
a: prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: prejudice the maintenance of the law by any public sector agency, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
c: endanger the safety of any person; or
d: reveal a trade secret.
2: An agency is not required to notify an affected individual or give public notice (relating to a particular individual) of a notifiable privacy breach—
a: if the individual is under the age of 16 and the agency believes that the notification or notice would be contrary to that individual’s interests; or
b: if, after consultation is undertaken by the agency with the individual’s health practitioner (where practicable), the agency believes that the notification or notice would be likely to prejudice the health of the individual.
3: If subsection (2) applies, the agency must—
a: consider whether it would be appropriate to notify a representative instead of the individual (if a representative is known or can be readily identified); and
b: before deciding whether to notify a representative, take into account the circumstances of both the individual and the privacy breach; and
c: if the agency decides it is appropriate to notify a representative and has identified a representative, notify that person.
4: An agency may delay notifying an affected individual (or a representative) or giving public notice of a notifiable privacy breach (but not delay notifying the Commissioner) only—
a: if the agency believes that a delay is necessary because notification or public notice may have risks for the security of personal information held by the agency and those risks outweigh the benefits of informing affected individuals; and
b: for a period during which those risks continue to outweigh those benefits.
5: An agency may rely on an exception, or delay in notifying affected individuals or giving public notice, under this section and, in relation to a delay, do so for the period referred to in subsection (4)﻿(b), only if the agency believes on reasonable grounds that the exception applies, the ground for delay exists, or the circumstances referred to in subsection (4)﻿(b) (relating to the period of delay) continue to exist.
6: In this section,— health practitioner section 49(2) representative
a: of an affected individual under the age of 16, means that individual’s parent or guardian:
b: of an affected individual aged 16 or over, means an individual appearing to be lawfully acting on that individual’s behalf or in that individual’s interests. 1956 No 65 s 22B 1982 No 156 s 6
117: Requirements for notification
1: A notification to the Commissioner under section 114
a: describe the notifiable privacy breach, including—
i: the number of affected individuals (if known); and
ii: the identity of any person or body that the agency suspects may be in possession of personal information as a result of the privacy breach (if known); and
b: explain the steps that the agency has taken or intends to take in response to the privacy breach, including whether any affected individual has been or will be contacted; and
c: if the agency is relying on section 115(2)
d: if the agency is relying on an exception, or is delaying notifying an affected individual or giving public notice, under section 116
e: state the names or give a general description of any other agencies that the agency has contacted about the privacy breach and the reasons for having done so; and
f: give details of a contact person within the agency for inquiries.
2: A notification to an affected individual under section 115 section 116(3)
a: describe the notifiable privacy breach and state whether the agency has or has not identified any person or body that the agency suspects may be in possession of the affected individual’s personal information (but, except as provided in subsection (3), must not include any particulars that could identify that person or body); and
b: explain the steps taken or intended to be taken by the agency in response to the privacy breach; and
c: where practicable, set out the steps the affected individual may wish to take to mitigate or avoid potential loss or harm (if any); and
d: confirm that the Commissioner has been notified under section 114
e: state that the individual has the right to make a complaint to the Commissioner; and
f: give details of a contact person within the agency for inquiries.
3: A notification to an affected individual or their representative may identify a person or body that has obtained or may obtain that affected individual’s personal information (where the identity is known) if the agency believes on reasonable grounds that identification is necessary to prevent or lessen a serious threat to the life or health of the affected individual or another individual.
4: A notification to an affected individual must not include any particulars about any other affected individuals.
5: In order to comply with the requirement under sections 114 115
118: Offence to fail to notify Commissioner
1: An agency that, without reasonable excuse, fails to notify the Commissioner of a notifiable privacy breach under section 114
2: It is not a defence to a charge under this section that the agency has taken steps to address the privacy breach.
3: It is a defence to a charge under this section that the agency did not consider the privacy breach to be a notifiable privacy breach, but only if it was reasonable to do so in the circumstances.
119: Section 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach
Section 211 section 114 115
120: Liability for actions of
officers, employees,
1: This section applies to processes and proceedings under this Act relating to the obligations under section 114 115
2: An officer, an employee,
3: For the purpose of those processes and proceedings, anything done or omitted by an officer, an employee,
4: For the purpose of those processes and proceedings, anything done or omitted by an agent of another agency is to be treated as being done or omitted by both the agent and the principal agency.
5: However, the extent of liability of an agent is affected by whether they hold personal information that is the subject of a notifiable privacy breach. See section 112 see section 11 section 11(3) Section 120 heading amended 30 November 2022 section 97(1) Statutes Amendment Act 2022 Section 120(2) amended 30 November 2022 section 97(2) Statutes Amendment Act 2022 Section 120(3) amended 30 November 2022 section 97(3) Statutes Amendment Act 2022
121: Knowledge of
officers,
1: Subsection (2) applies to processes and proceedings under this Act relating to the obligations under section 114 115
2: Anything relating to a notifiable privacy breach that is known by an officer, an employee,
3: Subsection (4) applies to processes and proceedings under this Act relating to the obligations under section 114 115 section 118
4: Anything relating to a notifiable privacy breach that is known by an agent is to be treated as being known by the principal agency. Section 121 heading amended 30 November 2022 section 98(1) Statutes Amendment Act 2022 Section 121(2) amended 30 November 2022 section 98(2) Statutes Amendment Act 2022
122: Publication of identity of agencies in certain circumstances
1: The Commissioner may publish the identity of an agency that has notified the Commissioner of a notifiable privacy breach if—
a: the agency consents to publication; or
b: the Commissioner is satisfied that it is in the public interest to do so.
2: This section does not prevent the publication of details of any notifiable privacy breach in a form in which the agency or any affected individual is not identified and for the purpose of informing the public about the extent and nature of privacy breaches.
2: Compliance notices
123: Compliance notices
1: The Commissioner may issue a compliance notice to an agency if the Commissioner considers that 1 or more of the following may have occurred:
a: a breach of this Act, including an action listed in section 69(2)﻿(a)
b: an action that is to be treated as a breach of an IPP or an interference with the privacy of an individual under another Act:
c: a breach of a code of practice issued under this Act or a code of conduct (or similar) issued under another Act (if a complaint about a breach of the code can be the subject of a complaint under Part 5
2: Before issuing a compliance notice, the Commissioner may, but is not required to,—
a: assess whether any person has suffered harm (for example, the types of harm listed in section 69(2)﻿(b)
b: use other means under this Act or another Act for dealing with the breach.
3: A compliance notice may be issued at any time, including concurrently with the use of any other means for dealing with the breach. Example
The Commissioner issues a compliance notice while dealing with the same breach as a complaint under Part 5
124: Issuing compliance notice
1: The Commissioner must consider the following factors before issuing a compliance notice:
a: whether there is another means under this Act or another Act for dealing with the breach:
b: the seriousness of the breach:
c: the likelihood of a repeat of the breach:
d: the number of people who may be or are affected by the breach:
e: whether the agency has been co-operative in all dealings with the Commissioner:
f: the likely costs to the agency of complying with the notice.
2: However, each of those factors need be considered only to the extent that—
a: it is relevant in the Commissioner’s view:
b: information about the factor is readily available to the Commissioner.
3: Before issuing a compliance notice, the Commissioner must provide the agency concerned with a reasonable opportunity to comment on a written notice that—
a: describes the breach, citing the relevant statutory provision or provisions; and
b: summarises the conclusions reached about the factors in subsection (1) that have been considered by the Commissioner; and
c: describes particular steps that the Commissioner considers need to be taken to remedy the breach (if any) and any conditions the Commissioner considers appropriate (if any); and
d: states the date or dates by which the Commissioner proposes that the agency must remedy the breach and report to the Commissioner (if any).
4: In each case, the Commissioner must determine the period of time that will give the agency a reasonable opportunity to comment, taking into account the circumstances of the case.
5: For the purpose of this subpart,— breach section 123(1)﻿(a) to (c) remedy the breach
125: Form of compliance notice
1: A compliance notice issued to an agency must—
a: state the name of the agency; and
b: describe the breach, citing the relevant statutory provision or provisions; and
c: require the agency to remedy the breach; and
d: inform the agency of the right of appeal under section 131
e: contain any other information required by any regulations made under section 215(1)﻿(c)
2: A compliance notice issued to an agency may—
a: identify particular steps that the Commissioner considers need to be taken by the agency to remedy the breach:
b: include conditions that the Commissioner considers are appropriate:
c: state the date or dates by which the agency must—
i: remedy the breach; and
ii: report to the Commissioner on the steps taken to do so:
d: include other information that the Commissioner considers would be useful. 1993 No 28 s 114D
126: Agency response to compliance notice
1: An agency that is issued with a compliance notice must take steps to comply with the notice, including taking any particular steps specified in the notice.
2: The agency must—
a: comply with the notice as soon as practicable after receiving it unless it is cancelled or suspended; and
b: if applicable, remedy the breach by the date stated in the notice unless that date is varied or modified.
127: Commissioner may vary or cancel compliance notice
1: The Commissioner may vary or cancel a compliance notice at any time if the Commissioner considers that—
a: any of the information listed in section 125
b: all or part of the notice has been complied with; or
c: all or part of the notice is no longer needed.
2: The Commissioner must give written notice to the agency concerned of a decision under this section.
3: The notice must inform the agency of the right to appeal under section 131
4: A variation or cancellation of a compliance notice takes effect on the first working day after the day on which the notice of the decision is given to the agency. 1993 No 28 s 114E
128: Commissioner’s power to obtain information
1: Before deciding whether to issue a compliance notice or to vary or cancel a compliance notice, the Commissioner may hear or obtain information from any person who the Commissioner considers may have relevant information.
2: Sections 86 to 90 Part 5
3: Except as provided for in sections 86 to 90 1993 No 28 ss 90 114C
129: Publication of details of compliance notice
The Commissioner may publish or delay publication of any of the following information if the Commissioner believes it is desirable to do so in the public interest:
a: the identity of an agency to whom or which a compliance notice has been issued:
b: other details about the compliance notice or the breach that is the subject of the notice, that the Commissioner considers should be published:
c: a statement or comment about the breach, that the Commissioner considers is appropriate in the circumstances. Proceedings
130: Enforcement of compliance notice
1: The Commissioner may take enforcement proceedings in the Tribunal—
a: if the time for an appeal under section 131
b: if—
i: the Commissioner has reason to believe that the agency has not remedied or will not remedy the breach (if applicable, by the date stated in the notice); or
ii: the agency has failed to report to the Commissioner on the steps taken to remedy the breach by the date stated in the notice.
2: An agency may object to enforcement of a compliance notice only on the ground that the agency believes that the notice has been fully complied with.
3: In proceedings under this section, the Tribunal—
a: must not examine or make any determination about the issuing or merits of a compliance notice:
b: may examine and make a determination about whether a compliance notice has been fully complied with:
c: may order a remedy under section 133(1)﻿(a)
4: Proceedings under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the proceedings to be heard by the Tribunal. 1988 No 110 s 45
131: Appeal against compliance notice or Commissioner’s decision to vary or cancel notice
1: An agency that has been issued with a compliance notice may appeal to the Tribunal—
a: against all or part of the notice; or
b: against a decision by the Commissioner to vary or cancel the notice.
2: An appeal must be lodged within 15 working days from the day on which the compliance notice is issued or the notice of the decision is given to the agency.
3: The Tribunal may allow an appeal and order a remedy under section 133(1)﻿(b)
a: the compliance notice or decision against which the appeal is brought is not in accordance with the law; or
b: to the extent that the compliance notice or decision involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised that discretion differently; or
c: the agency has fully complied with the compliance notice.
4: The Tribunal may review any determination of fact on which the compliance notice or decision was based.
5: The Tribunal must not cancel or modify a compliance notice for the reason that—
a: the breach was unintentional or without negligence on the part of the agency; or
b: the agency has taken steps to remedy the breach, unless there is no further reasonable step that the agency can take to do so. 1993 No 28 s 114G
132: Interim order suspending compliance notice pending appeal
1: The Chairperson may make an interim order suspending all or part of a compliance notice until an appeal is determined if satisfied that it is necessary and in the interests of justice to make the order.
2: If an interim order is made, a party may apply to the High Court to vary or rescind the order, unless the order was made under subsection (1) with that party's consent.
3: An application under subsection (2) may be—
a: made only with the leave of the Tribunal:
b: made instead of, but not as well as, an appeal against the interim order under section 123(1)
4: An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 section 96 1993 No 82 ss 95 96 Section 132(2) amended 30 November 2022 section 99(1) Statutes Amendment Act 2022 Section 132(4) inserted 30 November 2022 section 99(2) Statutes Amendment Act 2022
133: Remedies, costs, and enforcement
1: The Tribunal may,—
a: in enforcement proceedings under section 130
i: an order that the agency comply with a compliance notice by a date specified in the order (which may vary from the date originally stated in the notice):
ii: an order that the agency perform any act specified in the order by a date specified in the order (for example, reporting to the Commissioner on progress in complying with the compliance notice):
b: in an appeal under section 131
i: an order that confirms, cancels, or modifies the compliance notice; or
ii: an order that confirms, overturns, or modifies the decision:
c: in either type of proceeding, award costs as the Tribunal considers appropriate.
2: An award of costs may, on registration of a certified copy of the Tribunal’s decision, be enforced in the District Court as if it were an order of that court.
3: An agency that, without reasonable excuse, fails to comply with an order under subsection (1)﻿(a) or with a compliance notice that is confirmed or modified under subsection (1)﻿(b)﻿(i) commits an offence and is liable on conviction to a fine not exceeding $10,000. 1993 No 28 s 85 1993 No 82 s 121
134: Application of Human Rights Act 1993
Except to the extent modified by this subpart, Part 4 sections 97 108A 108B 1993 No 28 s 114H Section 134 amended 30 November 2022 section 100 Statutes Amendment Act 2022
135: Commissioner may be represented in proceedings
In proceedings under this subpart, the Commissioner is entitled to appear in person or to be represented by a lawyer or an agent.
7: Sharing, accessing, and matching personal information
1: Information sharing
136: Purpose of this subpart
The purpose of this subpart is to authorise agencies to share personal information in accordance with an approved information sharing agreement to facilitate the provision of public services. 1993 No 28 s 96A
137: Relationship between subpart 1 and other law relating to information disclosure
1: To avoid doubt, nothing in this subpart—
a: limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; or
b: compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information—
i: by or under any other enactment; or
ii: because an exemption from or a modification to 1 or more of the IPPs or any code of practice is not required to make the sharing of the information lawful.
2: This subpart and subparts 2 to 4
3: An information sharing agreement may—
a: duplicate an information sharing provision by providing for an agency to share the same personal information specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision; and
ii: for the same purposes specified in the information sharing provision; or
b: extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision for a purpose not specified in the information sharing provision; or
ii: with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or
iii: with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provision; or
c: duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision—
i: with the same agencies specified in the restricted information sharing provision; and
ii: for the same purposes specified in the restricted information sharing provision; or
d: extend in any manner specified in paragraph (b) a restricted information sharing provision, but only if—
i: the restricted information sharing provision is an information matching provision (as defined in section 177
ii: there is express statutory authorisation to do so.
4: In subsection (3),— information sharing provision restricted information sharing provision 1993 No 28 s 96B
138: Interpretation
In this subpart, unless the context otherwise requires,— adverse action section 177 agency
a: a public sector agency; or
b: a New Zealand private sector agency approved information sharing agreement department
a: means—
i: a government department named in Part 1
ii: an interdepartmental venture:
iii: a departmental agency hosted by a government department named in Part 1
b: includes—
i: the New Zealand Police:
ii: the New Zealand Transport Agency information sharing agreement agreement lead agency
a: the agreement; and
b: the Order in Council approving the agreement local authority Schedule 1 New Zealand private sector agency section 7(1) Order in Council section 161 section 145(1) organisation
a: an organisation named in Part 2
b: an organisation named in Schedule 1 overseas agency public sector agency public service
a: by or under law; or
b: by a policy of the Government relevant Minister sharing
a: collecting the information:
b: storing the information:
c: checking the information:
d: using the information:
e: disclosing the information:
f: exchanging the information:
g: if necessary, assigning a unique identifier to an individual specified organisation
a: the Accident Compensation Corporation:
b: the Civil Aviation Authority of New Zealand:
c: Health New Zealand:
d: the Earthquake Commission:
e: Education New Zealand:
f: Fire and Emergency New Zealand:
g: Housing New Zealand Corporation:
h: the New Zealand Qualifications Authority:
i: the Tertiary Education Commission:
j: WorkSafe New Zealand:
k: Māori Health Authority. 1993 No 28 s 96C Section 138 department replaced 7 August 2020 section 127 Public Service Act 2020 Section 138 specified organisation replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 138 specified organisation inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
139: Information sharing between agencies
An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms of the agreement. 1993 No 28 s 96D
140: Information sharing within agencies
An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of the same agency in accordance with the terms of the agreement. 1993 No 28 s 96E
141: Parties to information sharing agreement
1: Two or more of the following agencies may enter into an information sharing agreement:
a: a public sector agency:
b: a New Zealand private sector agency:
c: a part of a public sector agency:
d: a part of a New Zealand private sector agency.
2: An agency of the kind specified in subsection (1) that enters into an information sharing agreement must be named as a party to the agreement.
3: Subsection (1) is subject to subsections (4) and (5).
4: An overseas agency may not enter into an information sharing agreement.
5: At least 1 of the agencies that enters into an information sharing agreement must be—
a: a public sector agency that is a department; or
b: part of a public sector agency that is a department; or
c: a specified organisation; or
d: part of a specified organisation. 1993 No 28 s 96F
142: Agreement may apply to classes of agencies
1: For the purposes of this section,— class of agencies
a: a class of departments:
b: a class of specified organisations member of a class of agencies
a: a department:
b: a specified organisation:
c: a part of a department:
d: a part of a specified organisation.
2: An information sharing agreement may specify 1 or more classes of agencies to which the agreement may apply.
3: At any time after an agreement has been entered into, the lead agency may—
a: agree to an agency that is a member of a class of agencies specified in the agreement becoming a party to the agreement; and
b: name that agency as a party in a schedule to the agreement (the Schedule of Parties
4: If at any time an agency named in the Schedule of Parties no longer wishes to be a party to the agreement, the lead agency must, on the request of that agency, remove the agency’s name from the Schedule of Parties.
5: A lead agency need not obtain the consent of any other party to the agreement before—
a: naming an agency in the Schedule of Parties; or
b: removing the name of an agency from the Schedule of Parties.
6: A lead agency must, after doing either of the things referred to in subsection (5), provide the other parties to the information sharing agreement (including the agency whose name has been added to, or removed from, the Schedule of Parties) with a copy of the Schedule of Parties or amended Schedule of Parties, as the case may be.
7: An agency that becomes a party to the agreement under subsection (3) may, but need not, share or participate in the sharing of any personal information with 1 or more other agencies in accordance with the terms of the agreement.
8: Unless the context otherwise requires, every reference in this Part to a party to an information sharing agreement includes an agency named as a party in a Schedule of Parties. 1993 No 28 s 96G
143: Lead agency
1: In this section, specified agency
a: a public sector agency that is a department; or
b: part of a public sector agency that is a department; or
c: a specified organisation.
2: If only 1 specified agency is a party to an information sharing agreement, that agency must be designated as the lead agency for the agreement.
3: If 2 or more specified agencies are parties to an information sharing agreement, the parties to the agreement may agree between themselves which of the specified agencies is to be designated as the lead agency. 1993 No 28 s 96H
144: Form and content of information sharing agreement
1: An information sharing agreement must be in writing.
2: An information sharing agreement must—
a: specify with due particularity the purpose of the information sharing agreement:
b: set out the information referred to in section 146
c: contain an overview of the operational details about the sharing of information under the agreement:
d: specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:
e: if a party to the agreement is a New Zealand private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the New Zealand private sector agency is unable to be held accountable for those complaints:
f: state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:
g: if entered into under section 142
i: designate an agency as the lead agency; and
ii: specify with due particularity the class of agencies to which the agreement may apply; and
iii: include a schedule that sufficiently identifies the agencies within that class that are parties to the agreement.
3: An information sharing agreement may specify any other terms or conditions that the parties may agree to, including—
a: the fees and charges that are payable under the agreement; and
b: any other business processes relating to the sharing of information under the agreement. 1993 No 28 s 96I
145: Governor-General may approve information sharing agreement by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement.
2: An Order in Council may grant an exemption from or modify the application of—
a: 1 or more of the IPPs (except IPPs 6 and 7
b: any code of practice (except a code of practice that modifies IPPs 6 and 7
3: An Order in Council that, under subsection (2), grants an exemption from 1 or more of the IPPs or a code of practice may provide that the exemption is unconditional or is subject to any conditions that are prescribed in the Order in Council.
4: An Order in Council that, under subsection (2), modifies the application of 1 or more of the IPPs or any code of practice may do so by prescribing standards that are more stringent or less stringent than the standards that are prescribed by the IPP or, as the case may be, the code of practice.
5: An order under this section is secondary legislation ( see Part 3 1993 No 28 s 96J The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 145(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
146: Requirements for Order in Council
An Order in Council made under section 145(1)
a: state, if applicable,—
i: the nature of the exemption granted under section 145(2)
ii: how any IPPs or codes of practice will be modified under section 145(2)
b: state the public service or public services the provision of which the information sharing agreement is intended to facilitate:
c: specify with due particularity the personal information or the type of personal information to be shared under the agreement:
d: set out the parties, or classes of parties, to the agreement and designate one of the parties as the lead agency:
e: for every party to the agreement,—
i: describe the personal information or type of personal information that the party may share with each of the other parties; and
ii: state how the party may use the personal information; and
iii: state the adverse actions that the party can reasonably be expected to take as a result of the sharing of personal information under the agreement; and
iv: specify the procedure that the party must follow before taking adverse action against an individual as a result of the sharing of personal information received under the agreement if the requirement in section 152(1) section 153(a)﻿(ii)
f: for every class of agency to which the agreement may apply (if any),—
i: describe the personal information or type of personal information that a member of that class of agency that becomes a party to the agreement (a prospective party
ii: state how a prospective party may use the personal information; and
iii: state the adverse actions that a prospective party can reasonably be expected to take as a result of sharing personal information under the agreement; and
iv: specify the procedure that a prospective party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 152(1) section 153(a)﻿(ii)
g: state the Internet site address where a copy of the agreement can be accessed. 1993 No 28 s 96K
147: Further provisions about Order in Council
1: An Order in Council made under section 145(1)
2: An Order in Council made under section 145(1) Schedule 2
a: a description of each of the following:
i: the public service or the public services the provision of which the agreement is intended to facilitate:
ii: the personal information or type of personal information that may be shared between or within the agencies that are party to the agreement; and
b: the name of the agreement; and
c: the name of the lead agency for the agreement; and
d: the Internet site address where a copy of the agreement can be accessed. 1993 No 28 s 96L Section 147(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
148: Status of Order in Council
Section 148 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
149: Matters to which relevant Minister must have regard before recommending Order in Council
1: Before recommending the making of an Order in Council under section 145(1)
a: be satisfied of the matters set out in subsection (2); and
b: have regard to any submissions made under section 150(1)﻿(a)
2: The matters referred to in subsection (1)﻿(a) are as follows:
a: that the information sharing agreement will facilitate the provision of a particular public service or particular public services:
b: that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:
c: that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:
d: that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:
e: that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed. 1993 No 28 s 96N
150: Consultation on proposed information sharing agreement
1: The parties proposing to enter into an information sharing agreement must, before the proposed agreement is concluded,—
a: consult and invite submissions on the proposed agreement from—
i: the Commissioner; and
ii: any person or organisation that the agencies consider represents the interests of the classes of individuals whose personal information will be shared under the proposed agreement; and
iii: any person or organisation that the parties consider represents the interests of any specified class of agency to which the agreement may apply; and
iv: any other person or organisation that the agencies consider should be consulted; and
b: have regard to any submissions made under paragraph (a).
2: The Commissioner—
a: must consider the privacy implications of the proposed agreement; and
b: may make any submissions under subsection (1)﻿(a)﻿(i) that the Commissioner considers appropriate.
3: The agencies must give the relevant Minister a copy of the submissions made under subsection (1)﻿(a) (if any). 1993 No 28 s 96O
151: Commissioner may prepare and publish report on approved information sharing agreement
1: If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a report for the relevant Minister on any matter relating to privacy that arises or is likely to arise in respect of the agreement.
2: Without limiting subsection (1), the Commissioner may include in the report—
a: any comment that the Commissioner wishes to make about the consultation that the agencies carried out under section 150(1)﻿(a)
b: any submissions that the Commissioner made to the agencies under section 150(1)﻿(a)﻿(i)
3: The Commissioner—
a: may publish a report under subsection (1); but
b: must consult the relevant Minister before doing so. 1993 No 28 s 96P
152: Requirement to give notice of adverse action
1: A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether in whole or in part) of personal information about the individual that was shared under the agreement.
2: The notice must—
a: give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and
b: state that the individual has 10 working days from the receipt of the notice within which to dispute the correctness of that personal information.
3: To avoid doubt, the individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against them, but the only basis on which the individual may show cause under this section as to why the proposed adverse action should not be taken is that it is based on incorrect personal information. 1993 No 28 s 96Q
153: When requirement to give notice of adverse action applies
The requirement to give notice under section 152
a: an approved information sharing agreement provides that a party to the agreement may—
i: give a shorter period of notice than the 10-working-day period referred to in section 152(2)﻿(b)
ii: dispense with the giving of the notice; or
b: if an approved information sharing agreement does not include a provision of the kind specified in paragraph (a), the Commissioner, on the application of a party to an approved information sharing agreement, allows the party in the circumstances of a particular case to—
i: give a shorter period of notice than the 10-working-day period referred to in section 152(2)﻿(b)
ii: dispense with the giving of the notice. 1993 No 28 s 96R
154: Responsibilities of lead agency
1: A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 145(1)
a: make a copy of the agreement—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on an Internet site maintained by or on behalf of the lead agency; and
b: prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 156
c: carry out any other responsibilities imposed by this Part.
2: A lead agency does not need to comply with subsection (1)﻿(a)﻿(ii) if the relevant Minister designates an Internet site maintained by or on behalf of another public sector agency as the Internet site where a copy of the agreement is to be made accessible free of charge.
3: To avoid doubt, nothing in this section applies to a party to an information sharing agreement that is not the lead agency except as provided in subsection (2). 1993 No 28 s 96S
155: Report of lead agency
1: A report prepared by a lead agency under section 154(1)﻿(b) section 215(1)﻿(d)
a: the costs of reporting:
b: the degree of public interest in information about the matters prescribed in those regulations:
c: the significance of the privacy implications of the approved information sharing agreement.
2: A report must be included—
a: in the lead agency's annual report under the Public Finance Act 1989
b: in the lead agency's annual report under the Public Finance Act 1989 section 156(1)﻿(b) 1993 No 28 s 96T
156: Commissioner may specify frequency of reporting by lead agency
1: The Commissioner may require a lead agency to prepare a report under section 154(1)﻿(b)
a: annually; or
b: at less frequent intervals that the Commissioner may specify.
2: In determining the appropriate frequency in subsection (1) of a report under section 154(1)﻿(b)
a: the costs of reporting:
b: the degree of public interest in the matters to be included in the report:
c: the significance of the privacy implications of the approved information sharing agreement. 1993 No 28 s 96U
157: Amendment of approved information sharing agreement
1: This section applies if an approved information sharing agreement is amended (whether in accordance with the Commissioner's recommendation in a report under section 159
2: As soon as practicable after the amendment is made, the lead agency must—
a: give written notice of the amendment to—
i: the Commissioner; and
ii: the relevant Minister; and
b: make a copy of the amendment—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on the Internet site where a copy of the agreement is accessible.
3: The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2)
4: Sections 145 to 151
5: Subsection (2)﻿(a), (3), or (4) does not apply if the amendment to an approved information sharing agreement relates only to—
a: the fees and charges payable under the agreement; or
b: a name or description of a party to the agreement; or
c: naming an agency as a party to the agreement under section 142(3)
d: removing an agency as a party to the agreement under section 142(4)
e: any terms or conditions of the agreement that the lead agency, after consulting the Commissioner, considers do not, or are unlikely to, have any effect on the privacy implications of the agreement.
6: An order under subsection (3) is secondary legislation ( see Part 3 1993 No 28 s 96V The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 157(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
158: Review of operation of approved information sharing agreement
1: The Commissioner may at any time, on the Commissioner’s own initiative, conduct a review of the operation of an approved information sharing agreement.
2: However, except with the consent of the relevant Minister, no review may be conducted under subsection (1) before the end of the period of 12 months after the Order in Council approving the agreement is made.
3: In conducting a review, the Commissioner must—
a: consult the following persons and organisations about the review:
i: the parties to the agreement:
ii: any person or organisation that the Commissioner considers represents the interests of the classes of individuals whose personal information is being shared under the agreement; and
b: consider any submissions made on the review.
4: The parties to the agreement must take all reasonable steps to co-operate with the review. 1993 No 28 s 96W
159: Report on findings of review
1: After completing a review under section 158
a: operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into):
b: failing to facilitate the provision of the public service or public services to which it relates:
c: unreasonably impinging on the privacy of individuals:
d: operating in such a way that the financial and other costs of sharing personal information under the agreement outweigh the benefits of sharing it.
2: The Commissioner may recommend in the report that—
a: the agreement should be amended in 1 or more material respects; or
b: the Order in Council by which the agreement was approved should be revoked. 1993 No 28 s 96X
160: Relevant Minister must present copy of report under section 159(1) and report setting out Government's response to House of Representatives
The relevant Minister must—
a: present a copy of a report under section 159(1)
b: as soon as practicable after complying with paragraph (a) section 159(1) 1993 No 28 s 96Y
161: Power to amend Schedule 2 by Order in Council
1: Without limiting the matters that an Order in Council made under section 145 Schedule 2 section 147(2)
a: make any amendments to Schedule 2
i: to recognise the abolition or dissolution of any agency that is party to an approved information sharing agreement or any change in the name of such an agency; or
ii: to reflect any change in the Internet site address where a copy of an approved information sharing agreement can be accessed; or
iii: to reflect any amendments to an approved information sharing agreement that are approved under section 157
iv: to correct any error or omission in any description in that schedule:
b: repeal any description or matter in Schedule 2
c: otherwise amend or replace Schedule 2
2: To avoid doubt, any of the matters set out in this section may be included in an Order in Council made under section 145
3: An order under this section is secondary legislation ( see Part 3 1993 No 28 s 96Z The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 161(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Identity information
162: Purpose of this subpart
The purpose of this subpart is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency. 1993 No 28 s 109A
163: Relationship between this subpart and other law relating to information disclosure
This subpart does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles; or
b: limit subpart 1 3 4 1993 No 28 s 109B
164: Interpretation
In this subpart,— access accessing agency Schedule 3 biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the personal information that is capable of being used for biometric matching database holder agency Schedule 3 identity information
a: the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender):
b: the individual’s biometric information:
c: a photograph or visual image of the individual:
d: details of the individual’s—
i: New Zealand travel document; or
ii: certificate of identity:
e: details of any distinguishing features (including tattoos and birthmarks). 1993 No 28 s 109C
165: Access by agencies to identity information
An accessing agency may, for the purpose specified in the second column of Schedule 3 1993 No 28 s 109D
166: Manner and form of access
1: Access to identity information permitted under section 165
2: Identity information that is held by a holder agency and accessed by an accessing agency under section 165 1993 No 28 s 109E
167: Annual reporting requirement
The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 Schedule 3 1993 No 28 s 109F
168: Power to amend Schedule 3 by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner, amend Schedule 3
a: inserting, repealing, amending, or replacing any item in Schedule 3
b: repealing Schedule 3
2: Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that—
a: the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and
b: the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and
c: any potential conflicts or inconsistencies between the sharing of personal information under Schedule 3
3: An order under this section is secondary legislation ( see Part 3 1993 No 28 s 109G The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 168(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Law enforcement information
169: Purpose of this subpart
The purpose of this subpart is to authorise specified public sector agencies to have access to law enforcement information held by other specified agencies about identifiable individuals.
170: Relationship between this subpart and other law relating to information disclosure
This subpart does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles; or
b: limit subpart 1 2 4
171: Interpretation
In this subpart, unless the context otherwise requires,— accessing agency Schedule 4 agency holder agency
a: a court holding law enforcement information described in Schedule 4
b: a public sector agency specified in Schedule 4 law enforcement information
a: is about an identifiable individual; and
b: is specified in Schedule 4 1993 No 28 s 110
172: Access by accessing agencies to law enforcement information
1: An accessing agency may have access to law enforcement information held by a holder agency if such access is authorised by the provisions of Schedule 4
2: Subsection (1) overrides—
a: section 237 Schedule 1
b: section 174 Schedule 2 1993 No 28 s 111
173: Power to amend Schedule 4 by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner, amend Schedule 4
a: inserting, repealing, amending, or replacing any item in Schedule 4
b: repealing Schedule 4
2: However, no Order in Council may be made under subsection (1) that amends law enforcement information in Schedule 4
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 173(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Authorised information matching programmes
174: Purpose of this subpart
The purpose of this subpart is to authorise agencies to compare personal information in accordance with an authorised information matching programme.
175: Application of this subpart
This subpart applies to the disclosure of personal information under an information matching programme authorised by an information matching provision.
176: Relationship between this subpart and other law relating to information disclosure
This subpart does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles; or
b: limit subparts 1 to 3
177: Interpretation
In this subpart and Schedule 6 adverse action
a: to cancel or suspend any monetary payment:
b: to refuse an application for a monetary payment:
c: to alter the rate or amount of a monetary payment:
d: to recover an overpayment of a monetary payment:
e: to impose a penalty:
f: to recover a penalty or fine:
g: to make an assessment of the amount of any tax, levy, or other charge, or of any contribution, that is payable by an individual, or to alter an assessment of that kind:
h: to investigate the possible commission of an offence:
i: to make a deportation order in relation to the individual, to serve the individual with a deportation liability notice, or to deport the individual from New Zealand authorised information matching programme discrepancy information matching programme information matching provision Schedule 5 information matching rules Schedule 6 monetary payment
a: a benefit as defined in Schedule 2
b: a lump sum payable under section 90
c: any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 101
d: any monetary entitlement payable under Part 4 10 11 1993 No 28 s 97
178: Information matching agreements
1: Personal information held by an agency may be disclosed to another agency under an authorised information matching programme only in accordance with a written agreement that—
a: is entered into between the agencies; and
b: includes provisions that reflect the information matching rules, or provisions that are no less onerous than those rules.
2: An agreement may provide that the agencies involved in the authorised information matching programme may charge each other fees for the services provided for the purposes of the programme.
3: The parties to an agreement entered into under this section must ensure that a copy of the agreement, and of any amendments subsequently made to the agreement, are immediately forwarded to the Commissioner. 1993 No 28 s 99
179: Use of results of authorised information matching programme
1: Subject to any other enactment or rule of law that limits or restricts the information that may be taken into account in taking adverse action against an individual, an agency that is involved in an authorised information matching programme may take adverse action against an individual on the basis of any discrepancy produced by that programme.
2: If an agency decides to take adverse action against an individual on the basis of a discrepancy produced by an authorised information matching programme, the adverse action must be commenced not later than 12 months after the date on which the agency received or derived information from the programme that gave rise to the discrepancy (or any extended time limit granted by the Commissioner under section 180
3: Subsection (1) does not limit or restrict the use that may lawfully be made, by an agency, of any information produced by an authorised information matching programme. 1993 No 28 s 100
180: Extension of time limit
If an agency derives or receives information produced by an authorised information matching programme, the Commissioner may, either generally or in respect of any case or class of cases, grant an extension of the time limit set out in section 179(2)
a: the large quantity of information derived or received by the agency; or
b: the complexity of the issues involved; or
c: any other reason. 1993 No 28 s 102
181: Notice of adverse action proposed
1: A specified agency must not take adverse action against an individual on the basis (whether in whole or in part) of a discrepancy produced by an authorised information matching programme—
a: unless that agency has given that individual written notice that—
i: specifies the particulars of the discrepancy and of the adverse action that it proposes to take; and
ii: states that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and
b: until the expiration of those 5 working days.
2: Subsection (1) does not prevent the department for the time being responsible for the administration of the Social Security Act 2018
a: the discrepancy arises in respect of departure information supplied to that department under section 308
b: before or immediately after the decision to suspend the benefit, the department gives the individual written notice that—
i: specifies the particulars of the discrepancy and the suspension of benefit, and any other adverse action that the department proposes to take; and
ii: states that the individual has 5 working days from the receipt of the notice to show cause why the benefit ought not to have been suspended or why the adverse action should not be taken, or both.
3: An adverse action must not be taken under subsection (2) until the expiry of the 5 working days referred to in subsection (2)﻿(b)﻿(ii).
4: Subsection (1) does not prevent the Commissioner of Inland Revenue from immediately taking action to recover amounts relating to—
a: unpaid amounts owed to the Commissioner by an individual who is in serious default and who is identified in information supplied to the Commissioner under section 306
b: financial support under the Child Support Act 1991 section 307 313
5: Subsections (1) and (2) do not prevent an agency from taking adverse action against an individual if compliance with the requirements of those subsections would prejudice any investigation into the commission of an offence or the possible commission of an offence.
6: Subsection (1) does not prevent any constable or any bailiff from immediately executing a warrant to arrest an individual in respect of the non-payment of all or any part of a fine if—
a: the discrepancy arises in respect of arrival and departure information supplied under section 310
b: before the warrant is executed, the individual concerned is—
i: informed of the intention to execute the warrant; and
ii: given an opportunity to confirm that they are the individual named in the warrant; and
iii: given the opportunity to confirm that neither of the following circumstances applies:
A: the fine has been paid:
B: an arrangement to pay the fine over time has been entered into.
7: In this section,— amount of reparation section 79(1) bailiff fine
a: a fine within the meaning of section 79(1)
b: a fine to which section 19
c: a fine to which section 43 45
d: any amount payable under section 138A(1)
8: This section is subject to section 180C(1) 1993 No 28 s 103(1)–(2), (5)
182: Reporting requirements
1: If the Commissioner so requires, an agency that is involved in an authorised information matching programme must report to the Commissioner in respect of the programme.
2: Without limiting subsection (1), the matters on which the Commissioner may require an agency to submit a report include the following:
a: the actual costs and benefits of an authorised information matching programme:
b: any difficulties experienced in the operation of an authorised information matching programme and how those difficulties are being, or have been, overcome:
c: whether internal audits or other forms of assessment are undertaken by an agency in relation to an authorised information matching programme, and, if so, the results of those audits or assessments:
d: if an agency dispenses with the giving of notice under section 181
e: the details of the operation of an authorised information matching programme, including—
i: the number of matches undertaken:
ii: the proportion of matches that revealed discrepancies in information involved in the matching:
iii: the number of discrepancies revealed:
iv: the proportion of cases in which action was taken as a result of the discrepancies:
v: the number of cases in which action was taken:
vi: the number of cases in which action was taken even though the accuracy of the discrepancy was challenged:
vii: the proportion of cases in which action did not proceed after the individual concerned was notified of the discrepancy:
viii: the number of cases in which action taken as a result of a discrepancy was successful:
f: any other matters that the Commissioner considers relevant. 1993 No 28 s 104
183: Reports on authorised information matching programmes
1: The Commissioner must, before the end of each calendar year, report to the responsible Minister on each authorised information matching programme that is carried out (in whole or in part) during the financial year ending on 30 June in that year.
2: A report must set out, in relation to each programme,—
a: an outline of the programme; and
b: an assessment of the extent of the programme’s compliance, during that year, with—
i: sections 178 to 181
ii: the information matching rules; and
c: the details of each extension granted under section 180
3: This section does not require the Commissioner to disclose in any report any information relating to an information matching programme that would be likely to frustrate the objective of the programme.
4: Sections 85 to 89
5: As soon as practicable after receiving a report, the responsible Minister must present a copy of the report to the House of Representatives. 1993 No 28 s 105
184: Reports on information matching provisions
1: The Commissioner must, at 5-yearly intervals,—
a: review the operation of every information matching provision and consider, in particular, whether—
i: the authority conferred by the information matching provision should be continued; and
ii: any amendments to the provision are necessary or desirable; and
b: report the result of the review to the responsible Minister.
2: The first report of an information matching provision under this section is due not later than—
a: 5 years after the date of the last report prepared in respect of that information matching provision by the Commissioner under section 106
b: 5 years after the commencement of this section, if no previous report has been prepared in respect of that information matching provision by the Commissioner. 1993 No 28 s 106(1)
185: Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives
The responsible Minister must—
a: present a copy of a report under section 184
b: within 6 months after complying with paragraph (a) section 184 1993 No 28 s 106(2)
186: Avoidance of controls on information matching through use of exceptions to information privacy principles
Despite section 176 IPP 2(2)﻿(e)﻿(i) IPP 11(1)﻿(e)﻿(i)
a: any authorised information matching programme; or
b: any information matching programme whose objective is similar in nature to any authorised information matching programme. 1993 No 28 s 108
187: Avoidance of controls on information matching through use of official information statutes
Despite anything in the Official Information Act 1982 Local Government Official Information and Meetings Act 1987 1993 No 28 s 109
188: Power to amend Schedule 5 by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister,—
a: amend Schedule 5
i: replacing a reference to an information matching provision that has been renumbered with a reference to the corresponding renumbered information matching provision:
ii: repealing an information matching provision; or
b: repeal Schedule 5
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 188(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
189: Power to amend Schedule 6 by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Privacy Commissioner, amend the information matching rules in Schedule 6
2: The power conferred by subsection (1) includes the power to—
a: replace Schedule 6
b: repeal Schedule 6
3: An order under this section is secondary legislation ( see Part 3 1993 No 28 s 107 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 189(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
190: Amendments to other enactments related to this subpart
2020-12-01 Accident Compensation Act 2001 Births, Deaths, Marriages, and Relationships Registration Act 1995 Citizenship Act 1977 Corrections Act 2004 Customs and Excise Act 2018 Education Act 1989 Electoral Act 1993 Electronic Identity Verification Act 2012 Immigration Act 2009 Motor Vehicle Sales Act 2003 Public and Community Housing Management Act 1992 Social Security Act 2018 Student Loan Scheme Act 2011 Tax Administration Act 1994 Section 190 repealed the close of 8 December 2020 section 191 Privacy Act 2020
191: Repeal of section 190 and Schedule 7
Section 190 Schedule 7 8 December 2020 2020-12-09 Privacy Act 2020
8: Prohibiting onward transfer of personal information received in New Zealand from overseas
192: Interpretation
In this Part, unless the context otherwise requires, transfer prohibition notice section 193 1993 No 28 s 114A
193: Prohibition on transfer of personal information outside New Zealand
1: The Commissioner may prohibit a transfer of personal information from New Zealand to another country if the Commissioner is satisfied, on reasonable grounds, that—
a: the information has been, or will be, received in New Zealand from another country and is likely to be transferred to a third country where it will not be subject to a law providing comparable safeguards to those in this Act; and
b: the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines and in Schedule 8
2: In determining whether to prohibit a transfer of personal information, the Commissioner must also consider, in addition to the matters set out in subsection (1) and section 21
a: whether the transfer affects, or is likely to affect, any individual; and
b: the general desirability of facilitating the free flow of information between New Zealand and other countries; and
c: any existing or developing international guidelines relevant to transborder data flows, including (but not limited to)—
i: the OECD Guidelines:
ii: the General Data Protection Regulation.
3: Subsection (1) does not apply if the transfer of the information, or the information itself, is—
a: required or authorised by or under any enactment; or
b: required by any convention or other instrument that imposes international obligations on New Zealand. 1993 No 28 s 114B
194: Commissioner's power to obtain information
1: To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner may hear or obtain information from any person as the Commissioner considers necessary, and for that purpose subpart 2
2: In exercising any power under subsection (1), the Commissioner may adopt any procedure the Commissioner considers appropriate. 1993 No 28 s 114C
195: Transfer prohibition notice
1: A prohibition under section 193(1)
2: A transfer prohibition notice must—
a: state the name of the agency to whom it relates; and
b: describe the personal information concerned; and
c: state that the transfer of the personal information concerned from New Zealand to a specified country is prohibited—
i: absolutely; or
ii: until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the transfer; and
d: state the time at which the notice takes effect; and
e: state the ground for the prohibition; and
f: state that the agency on whom the notice is served may lodge an appeal against the notice to the Tribunal, and state the time within which the appeal must be lodged.
3: The time at which the notice takes effect under subsection (2)﻿(d) must not be before the end of the period within which an appeal against the notice can be lodged.
4: If an appeal is brought, the notice does not take effect until the determination or withdrawal of the appeal.
5: If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,—
a: subsections (3) and (4) do not apply; and
b: the notice takes effect on the sixth working day after the date on which the notice is served; and
c: the notice must include—
i: a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and
ii: a statement of the reasons why the Commissioner has reached that conclusion. 1993 No 28 s 114D
196: Commissioner may vary or cancel transfer prohibition notice
1: If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned.
2: An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 198(1)﻿(a)
3: The Commissioner must, within 20 working days after the date on which an application under subsection (2) is received, notify the agency that the application—
a: has been granted and that the transfer prohibition notice has been—
i: varied; or
ii: cancelled; or
b: has been refused and give the reason for the refusal.
4: If the Commissioner cancels or varies a transfer prohibition notice under subsection (1), the variation or cancellation of the notice takes effect on the day after the date on which notice of the Commissioner’s decision to vary or cancel the transfer prohibition notice is served. 1993 No 28 s 114E
197: Offence in relation to transfer prohibition notice
Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on conviction to a fine not exceeding $10,000. 1993 No 28 s 114F
198: Appeals against transfer prohibition notice
1: An agency on whom a transfer prohibition notice is served may appeal to the Tribunal—
a: against all or any part of the notice; or
b: if the notice contains a statement by the Commissioner in accordance with section 195(5)﻿(c)
c: against the decision of the Commissioner to vary the notice in accordance with section 196(1)
d: against the refusal of an application under section 196(2)
2: An appeal under subsection (1) must be lodged,—
a: in the case of an appeal under subsection (1)﻿(a) or (b), within 15 working days from the date on which the transfer prohibition notice was served on the agency concerned:
b: in the case of an appeal under subsection (1)﻿(c) or (d), within 15 working days from the date on which notice of the decision or refusal was served on the agency concerned.
3: The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that—
a: the decision or notice against which the appeal is brought is not in accordance with the law; or
b: to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised the discretion differently.
4: The Tribunal may review any determination of fact on which the decision or notice in question was based.
5: On any appeal under subsection (1)﻿(b), the Tribunal may—
a: direct—
i: that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or
ii: that the inclusion of the statement must not have effect in relation to any part of the notice; and
b: make any modifications required to give effect to that direction. 1993 No 28 s 114G
199: Application of Human Rights Act 1993
Part 4 sections 97 108A 108B section 198 1993 No 28 s 114H
200: Power to amend Schedule 8 by Order in Council
1: The Governor-General may, by Order in Council,—
a: amend the principles in Schedule 8
b: replace Schedule 8
2: An order under this section is secondary legislation ( see Part 3 1993 No 28 s 128A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 200(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Miscellaneous provisions
General
201: Privacy officers
1: An agency must appoint as privacy officers for the agency 1 or more individuals (within or outside the agency) whose responsibilities include—
a: encouraging the agency to comply with the IPPs:
b: dealing with requests made to the agency under this Act:
c: working with the Commissioner in relation to investigations conducted under Part 5
d: ensuring that the agency complies with the provisions of this Act.
2: Subsection (1) does not apply to an agency that is an individual who is collecting and holding personal information solely for the purposes of, or in connection with, the individual’s personal or domestic affairs.
3: In relation to the functions of a departmental agency, the responsibility under this section lies with the departmental agency. 1993 No 28 s 23 Section 201(3) inserted 7 August 2020 section 128 Public Service Act 2020
201A: Responsibility under Parts 4 to 6 for interdepartmental executive board
1: The department that is the servicing department for an interdepartmental executive board is responsible for dealing with all matters arising under Parts 4 to 6
2: This section applies despite the definition of department in section 7(1) Section 201A inserted 7 August 2020 section 129 Public Service Act 2020
202: Commissioner may require agency to supply information
For the purpose of enabling the Commissioner to respond to inquiries from the public about personal information held by an agency, the Commissioner may require an agency to supply—
a: the name and contact details of the agency’s privacy officer appointed under section 201
b: any other information that the Commissioner reasonably requires in relation to the personal information held by the agency. 1993 No 28 s 22
203: Inquiries
Sections 86 to 90 section 17(1)﻿(i)
204: Powers relating to declaratory judgments
1: If, at any time, it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or an order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commissioner may refer the matter to the Director for the purpose of deciding whether proceedings under that Act should be instituted.
2: If a matter is referred to the Director under subsection (1), the Director has sufficient standing to institute proceedings under the Declaratory Judgments Act 1908.
3: Subsection (2) applies—
a: despite anything to the contrary in the Declaratory Judgments Act 1908
b: whether or not the matter is within the Director’s functions and powers under this Act or the Human Rights Act 1993 1993 No 28 s 20
205: Protection against certain actions
1: If any personal information is made available in good faith under IPP 6
a: no proceedings, civil or criminal, may be brought against the Crown or any other person in respect of the making available of that information, or in respect of any consequences that follow from the making available of that information; and
b: no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information may be brought against the author of the information or any other person by reason of that author or other person having supplied the information to an agency.
2: The making available of, or the giving of access to, any personal information in consequence of a request made under IPP 6 1993 No 28 s 115
206: Commissioner and staff to maintain secrecy
1: The following persons must maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions under this Act:
a: the Commissioner, or any person who has held the appointment of Commissioner:
b: a person who is employed or engaged, or who has been employed or engaged, by the Commissioner.
2: Despite subsection (1), the Commissioner may disclose any matters that in the Commissioner's opinion ought to be disclosed for the purposes of giving effect to this Act.
3: Except where necessary for the purposes of referring a complaint or matter to the Director, the power conferred by subsection (2) does not extend to—
a: any matter that might prejudice—
i: the security, defence, or international relations of New Zealand (including New Zealand's relations with the Government of any other country or with any international organisation); or
ii: any interest protected by section 7
iii: the prevention, investigation, or detection of offences; or
b: any matter that might involve the disclosure of the deliberations of Cabinet; or
c: any information, answer, document, or thing obtained by the Commissioner by reason only of compliance with a requirement made under section 88(1) 1993 No 28 s 116
207: Commissioner may share information with overseas privacy enforcement authority
1: The Commissioner may provide to an overseas privacy enforcement authority any information, or a copy of any document, that the Commissioner—
a: holds in relation to the performance or exercise of the Commissioner’s functions, duties, or powers under this Act (including under section 86 87
b: considers may—
i: assist the authority in the performance or exercise of the authority’s functions, duties, or powers under or in relation to any enactment; or
ii: enable the authority to reciprocate with the provision of other related information that will assist the Commissioner in the performance or exercise of the Commissioner’s functions, duties, or powers under this Act or any other enactment.
2: The Commissioner may impose any conditions that the Commissioner considers appropriate in relation to the provision of any information or copy of any document under subsection (1), including conditions related to—
a: the storage and use of, or access to, anything provided:
b: the copying, return, or disposal of copies of any documents provided.
3: This section overrides section 206(1)
208: Consultation
1: The Commissioner may at any time consult any of the following persons about any matter relating to the functions of the Commissioner under this Act:
a: an Ombudsman:
b: the Health and Disability Commissioner:
c: the Inspector-General of Intelligence and Security.
d: the Independent Police Conduct Authority.
2: For the purpose of consulting a person specified in subsection (1), the Commissioner may disclose to that person any information that the Commissioner considers necessary.
3: This section overrides section 206(1) 1993 No 28 ss 117 117A 117B Section 208(1)﻿(d) inserted 30 November 2022 section 101 Statutes Amendment Act 2022
209: Exclusion of public interest immunity
1: The rule of law that authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest does not apply in respect of—
a: any investigation by or proceedings before the Commissioner or the Tribunal under this Act; or
b: any application under the Judicial Review Procedure Act 2016
2: Subsection (1) does not entitle any person to any information that the person would not be entitled to otherwise than under this section.
3: Subsection (1) does not limit sections 44(2)﻿(d) 47 1993 No 28 s 119
210: Adverse comment
The Commissioner must not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004 1993 No 28 s 120 Liability and offences
211: Liability of employers, principals, and agencies
1: For the purpose of this Act,—
a: anything done or omitted to be done by a person ( A B
b: anything done or omitted to be done by a person ( A B
c: anything done or omitted to be done by a person as a member of an agency is to be treated as being done or omitted by both the person and the agency, unless it is done or omitted without the agency’s express or implied authority.
2: In proceedings under this Act against any person ( C D
3: Subsection (2) overrides subsection (1)﻿(a).
4: This section is subject to sections 119 120 1993 No 28 s 126
212: Offences
1: A person commits an offence against this Act and is liable on conviction to a fine not exceeding $10,000 if the person,—
a: without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in the exercise of their powers under this Act:
b: without reasonable excuse, refuses or fails to comply with any lawful requirement of the Commissioner or any other person under this Act.
2: A person commits an offence against this Act and is liable on conviction to a fine not exceeding $10,000 if the person—
a: makes any statement or gives any information to the Commissioner or any other person exercising powers under this Act, knowing that the statement or information is false or misleading:
b: represents directly or indirectly that they hold any authority under this Act when they do not hold that authority:
c: misleads an agency by impersonating an individual, or falsely pretending to be an individual or to be acting under the authority of an individual, for the purpose of—
i: obtaining access to that individual’s personal information:
ii: having that individual’s personal information used, altered, or destroyed:
d: destroys any document containing personal information, knowing that a request has been made in respect of that information under subpart 1 1993 No 28 s 127 Regulations
213: Regulations: prescribed binding schemes
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Commissioner, make regulations prescribing binding schemes for the purpose of IPP 12(1)﻿(d)
2: The Minister may recommend the making of regulations under subsection (1) only if the Minister is satisfied that the binding schemes require a foreign person or entity to protect personal information in a way that, overall, provides comparable safeguards to those in this Act.
3: Regulations made under this section are see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 213(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 213(3) amended 28 October 2021 regulation 85 Legislation Act (Amendments to Legislation) Regulations 2021
214: Regulations: prescribed countries
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Commissioner, make regulations prescribing countries for the purpose of IPP 12(1)﻿(e)
2: The Minister may recommend the making of regulations under subsection (1) only if the Minister is satisfied that the countries have privacy laws that, overall, provide comparable safeguards to those in this Act.
3: A country may be prescribed subject to any specified limitation or qualification relating to—
a: the type of foreign person or entity in that country that personal information may be disclosed to:
b: the type of personal information that may be disclosed to a foreign person or entity in that country.
4: Regulations made under this section are see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 214(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 214(4) amended 28 October 2021 regulation 85 Legislation Act (Amendments to Legislation) Regulations 2021
215: Other regulations
1: The Governor-General may, by Order in Council, made on the recommendation of the responsible Minister, make regulations for all or any of the following purposes:
a: providing the procedure for giving, issuing, or serving notices and documents under this Act, including to persons or agencies who are overseas:
b: prescribing a body as a regulatory body for the purposes of the definition of news entity in section 7(1)
c: specifying the information to be included in a compliance notice under section 125(1)﻿(e)
d: prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 155
e: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: The responsible Minister may not recommend the making of regulations under subsection (1)﻿(b) unless the Minister—
a: has consulted with the Commissioner; and
b: is satisfied that the body—
i: acts independently in performing its functions and duties; and
ii: encourages news entities to develop and observe principles, standards, or codes of conduct appropriate to the type of news activity undertaken by the entities, particularly principles, standards, or codes of conduct in relation to the privacy of individuals; and
iii: has a proper procedure for receiving and dealing with complaints about news activities.
3: Regulations made under this section are see Part 3 1993 No 28 s 128 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 215(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 215(3) amended 28 October 2021 regulation 85 Legislation Act (Amendments to Legislation) Regulations 2021 Repeal, revocation, and consequential amendments
216: Repeal and revocation
1: The Privacy Act 1993
2: The Privacy Regulations 1993 2020-12-01 Privacy Act 1993 Privacy Regulations 1993
217: Consequential amendments
2020-12-01 Accident Compensation Act 2001 Animal Products Act 1999 Animal Welfare Act 1999 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Auditor Regulation Act 2011 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Broadcasting Act 1989 Brokering (Weapons and Related Items) Controls Act 2018 Building Act 2004 Charities Act 2005 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Children’s Commissioner Act 2003 Civil Aviation Act 1990 Climate Change Response Act 2002 Companies Act 1993 Conservation Act 1987 Coroners Act 2006 Corrections Act 2004 Criminal Cases Review Commission Act 2019 Criminal Disclosure Act 2008 Criminal Investigations (Bodily Samples) Act 1995 Criminal Procedure (Mentally Impaired Persons) Act 2003 Criminal Records (Clean Slate) Act 2004 Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Crown Organisations (Criminal Liability) Act 2002 Crown Pastoral Land Act 1998 Customs and Excise Act 2018 District Court Act 2016 Dog Control Act 1996 Earthquake Commission Act 1993 Education Act 1989 Electoral Act 1993 Electricity Act 1992 Electricity Industry Act 2010 Electronic Identity Verification Act 2012 Employment Relations Act 2000 Energy Efficiency and Conservation Act 2000 Environmental Protection Authority Act 2011 Fair Trading Act 1986 Family Violence Act 2018 Financial Advisers Act 2008 Financial Markets Authority Act 2011 Financial Markets Conduct Act 2013 Financial Reporting Act 2013 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Fire and Emergency New Zealand Act 2017 Fisheries Act 1996 Food Act 2014 Gambling Act 2003 Game Animal Council Act 2013 Harmful Digital Communications Act 2015 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Disability Commissioner Act 1994 Health and Safety at Work Act 2015 Health Practitioners Competence Assurance Act 2003 Human Assisted Reproductive Technology Act 2004 Human Rights Act 1993 Human Tissue Act 2008 Identity Information Confirmation Act 2012 Immigration Act 1987 Immigration Act 2009 Income Tax Act 2007 Insolvency Act 2006 Insolvency Practitioners Regulation Act 2019 Insurance (Prudential Supervision) Act 2010 Intelligence and Security Act 2017 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Kāinga Ora–Homes and Communities Act 2019 KiwiSaver Act 2006 Land Transport Act 1998 Land Transport Management Act 2003 Limited Partnerships Act 2008 Local Government Act 2002 Local Government (Auckland Council) Act 2009 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Māori Purposes (Wi Pere Trust) Act 1991 Marine and Coastal Area (Takutai Moana) Act 2011 Maritime Transport Act 1994 Motor Vehicle Sales Act 2003 National Animal Identification and Tracing Act 2012 National Bank of New Zealand Limited Act 1994 New Zealand Infrastructure Commission/Te Waihanga Act 2019 New Zealand Public Health and Disability Act 2000 Official Information Act 1982 Ombudsmen Act 1975 Oranga Tamariki Act 1989 Outer Space and High-altitude Activities Act 2017 Overseas Investment Act 2005 Parole Act 2002 Personal Property Securities Act 1999 Plumbers, Gasfitters, and Drainlayers Act 2006 Policing Act 2008 Prisoners’ and Victims’ Claims Act 2005 Public and Community Housing Management Act 1992 Public Audit Act 2001 Public Records Act 2005 Public Safety (Public Protection Orders) Act 2014 Radiation Safety Act 2016 Real Estate Agents Act 2008 Residential Tenancies Act 1986 Search and Surveillance Act 2012 Senior Courts Act 2016 Sentencing Act 2002 Social Security Act 2018 Social Workers Registration Act 2003 State Sector Act 1988 Summary Proceedings Act 1957 Takeovers Act 1993 Tax Administration Act 1994 Te Urewera Act 2014 Telecommunications Act 2001 Trans-Tasman Mutual Recognition Act 1997 Transport Accident Investigation Commission Act 1990 Veterinarians Act 2005 Victims’ Rights Act 2002 Waikato Raupatu Claims Settlement Act 1995 Westpac New Zealand Act 2006 Westpac New Zealand Act 2011 WorkSafe New Zealand Act 2013 Chartered Professional Engineers of New Zealand Rules (No 2) 2002 Companies Act 1955 Liquidation Regulations 1994 Companies Act 1993 Liquidation Regulations 1994 Criminal Investigations (Bodily Samples) Regulations 2004 Customs and Excise Regulations 1996 Double Taxation Relief (Poland) Order 2006 Double Taxation Relief (Spain) Order 2006 Education (Pastoral Care of International Students) Code of Practice 2016 Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 Fisheries (Foreign Fishing Vessel) Regulations 2001 Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 Health and Safety at Work (Hazardous Substances) Regulations 2017 Human Rights Review Tribunal Regulations 2002 Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 Private Security Personnel and Private Investigators (Code of Conduct—Surveillance of Individuals) Regulations 2011 Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 Registered Architects Rules 2006 Social Security Regulations 2018 Summary Proceedings (Credit Reporting of Fines) Regulations 2011 Section 217 repealed the close of 8 December 2020 section 218 Privacy Act 2020
218: Repeal of section 217 and Schedule 9
Section 217 Schedule 9 8 December 2020 2020-12-09 Privacy Act 2020