Part 4 Right of access to personal information

24 Right of access to personal information

(1)

Subject to this Part, to sections 10 and 52, and to subsections (2) and (5), every person has a right to and shall, on request, be given access to any personal information which—

(a)

is about that person; and

(b)

is held in such a way that it can readily be retrieved.

(2)

The right conferred by subsection (1) may be exercised only by a person who is—

(a)

a body corporate which is incorporated in New Zealand; or

(b)

a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

(3)

Sections 12(3), 13 to 17, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(3A)

Where any person is given access to personal information under this section, that person shall be advised of that person’s right, under section 26, to request the correction of that information.

(4)

Nothing in this section requires, or imposes any responsibility on, any department or Minister of the Crown or organisation to compile files or data banks of personal information.

(5)

Nothing in this section gives any person the right to be given access to any personal information about the person that is held by Public Trust or the Maori Trustee—

(a)

in their capacity as trustee within the meaning of the Trustee Act 1956; or

(b)

in any other fiduciary capacity.

Section 24(1): amended, on 1 July 1993, by section 5(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 24(2): replaced, on 1 July 1993, by section 5(2) of the Official Information Amendment Act 1993 (1993 No 36).

Section 24(3A): inserted, on 1 April 1987, by section 13 of the Official Information Amendment Act 1987 (1987 No 8).

Section 24(5): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).