36 Commissioner may authorise public sector agency to charge

(1)

Where a public sector agency satisfies the Commissioner that the agency is commercially disadvantaged, in comparison with any competitor in the private sector, by reason that the agency is prevented, by subsection (1) of section 35, from imposing a charge in respect of any of the matters referred to in paragraph (e) or paragraph (f) of that subsection, the Commissioner may authorise that agency to impose a charge in respect of either or both of those matters.

(1A)

The Commissioner may authorise a public sector agency to impose a charge in respect of the matter referred to in section 35(1)(e) if the information privacy request is received from, or on behalf of, an individual who—

(a)

is residing outside New Zealand; and

(b)

is not a New Zealand citizen or a permanent resident of New Zealand.

(2)

The Commissioner may impose in respect of any authority granted pursuant to subsection (1) or (1A) such conditions as the Commissioner thinks fit.

(3)

The Commissioner may, at any time, revoke any authority granted to an agency pursuant to subsection (1) or (1A), but shall not revoke any such authority without giving the agency an opportunity to be heard.

Section 36(1A): inserted, on 8 September 2010, by section 6(1) of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).

Section 36(2): amended, on 8 September 2010, by section 6(2) of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).

Section 36(3): amended, on 8 September 2010, by section 6(3) of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).