New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1993 No 28 |
| Date of assent | 17 May 1993 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
4 Actions of, and disclosure of information to, staff of agency, etc
Part 2
Information privacy principles
6 Information privacy principles
8 Application of information privacy principles
9 Postponement of application of principle 11 to lists used for direct marketing
10 Application of principles to information held overseas
11 Enforceability of principles
14 Commissioner to have regard to certain matters
16 Term of office [Repealed]
17 Continuation in office after term expires [Repealed]
18 Vacation of office [Repealed]
20 Powers relating to declaratory judgments
21 Directories of personal information
22 Commissioner may require agency to supply information
25 Further provisions relating to Commissioner
Part 4
Good reasons for refusing access to personal information
27 Security, defence, international relations, etc
29 Other reasons for refusal of requests
30 Refusal not permitted for any other reason
31 Restriction where person sentenced to imprisonment [Repealed]
32 Information concerning existence of certain information
Part 5
Procedural provisions relating to access to and correction of personal information
34 Individuals may make information privacy requests
36 Commissioner may authorise public sector agency to charge
43 Deletion of information from documents
44 Reason for refusal to be given
Part 6
Codes of practice and exemptions from information privacy principles
47 Proposal for issuing of code of practice
48 Notification of intention to issue code
49 Notification, availability, and commencement of code
50 Codes deemed to be regulations for purposes of disallowance
51 Amendment and revocation of codes
54 Commissioner may authorise collection, use, or disclosure of personal information
55 Certain personal information excluded
56 Personal information relating to domestic affairs
Part 7
Public register personal information
59 Public register privacy principles
60 Application of information privacy principles and public register privacy principles to public registers
61 Complaints relating to compliance with principles
62 Enforceability of principles
63 Codes of practice in relation to public registers
65 Power to amend Schedule 2 by Order in Council
Investigations by Commissioner
69 Investigation of interference with privacy of individual
70 Action on receipt of complaint
71 Commissioner may decide to take no action on complaint
72 Referral of complaint to Ombudsman
72A Referral of complaint to Health and Disability Commissioner
72B Referral of complaint to Inspector-General of Intelligence and Security
72C Referral of complaint to overseas privacy enforcement authority
73 Proceedings of Commissioner
75 Parties to be informed of result of investigation
77 Procedure after investigation
78 Procedure in relation to charging
79 Breaches of certain principles occurring before 1 July 1996
80 Commissioner to report breach of duty or misconduct
Special procedure relating to intelligence organisations
81 Special procedure relating to intelligence organisations
Proceedings before Human Rights Review Tribunal
82 Proceedings before Human Rights Review Tribunal
83 Aggrieved individual may bring proceedings before Human Rights Review Tribunal
84 Remedies that may be sought
85 Powers of Human Rights Review Tribunal
86 Right of Director of Human Rights Proceedings to appear in proceedings
89 Certain provisions of Human Rights Act 1993 to apply
Part 9
Proceedings of Commissioner
92 Compliance with requirements of Commissioner
94 Protection and privileges of witnesses, etc
95 Disclosures of information, etc
Information matching guidelines
98 Information matching guidelines
Authorised information matching programmes
99 Information matching agreements
100 Use of results of information matching programme
101 Further provisions relating to results of information matching programme
103 Notice of adverse action proposed
105 Information matching programmes to be reported on in annual report
106 Review of statutory authorities for information matching
107 Amendment of information matching rules
Avoidance of controls on information matching
108 Avoidance of controls on information matching through use of exceptions to information privacy principles
109 Avoidance of controls on information matching through use of official information statutes
Part 11
Law enforcement information
111 Access by accessing agencies to law enforcement information
112 Local authorities may be authorised to have access to law enforcement information
113 Amendment of Schedule 5 [Expired]
114 Expiry of power to amend Schedule 5 by Order in Council
Part 11A
Transfer of personal information outside New Zealand
114B Prohibition on transfer of personal information outside New Zealand
114C Commissioner's power to obtain information
114D Transfer prohibition notice
114E Commissioner may vary or cancel notice
114F Offence in relation to transfer prohibition notice
114G Appeals against transfer prohibition notice
114H Application of Human Rights Act 1993
Part 12
Miscellaneous provisions
115 Protection against certain actions
116 Commissioner and staff to maintain secrecy
117 Consultation with Ombudsmen
117A Consultation with Health and Disability Commissioner
117B Consultation with Inspector-General of Intelligence and Security
118 Corrupt use of official information [Repealed]
119 Exclusion of public interest immunity
121 Delegation of functions or powers of Commissioner [Repealed]
122 Delegate to produce evidence of authority [Repealed]
123 Revocation of delegations [Repealed]
124 Delegation of powers by local authority
125 Delegation of powers by officers of local authority
126 Liability of employer and principals
128A Power to amend Schedule 5A
Amendments, repeals, and revocations
129 Amendments, repeals, and revocations
Transitional provisions and savings
130 Final report of Wanganui Computer Centre Privacy Commissioner
131 Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner
Schedule 1
Provisions applying in respect of Commissioner
Schedule 3
Information matching provisions
Schedule 4
Information matching rules
Schedule 5
Law enforcement information
Schedule 5A
Basic principles of national application set out in Part Two of the OECD Guidelines
An Act to promote and protect individual privacy in general accordance with the Recommendation of the Council of the Organisation for Economic Co-operation and Development Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and, in particular,—
(a) to establish certain principles with respect to—
(i) the collection, use, and disclosure, by public and private sector agencies, of information relating to individuals; and
(ii) access by each individual to information relating to that individual and held by public and private sector agencies; and
(b) to provide for the appointment of a Privacy Commissioner to investigate complaints about interferences with individual privacy; and
(c) to provide for matters incidental thereto
