New Zealand Legislation: Acts

81 Amendments to Privacy Act 1993

• (1) The Privacy Act 1993 is hereby amended by inserting, after section 72, the following section:

  “72A Referral of complaint to Health and Disability Commissioner

  • “(1) Where, on receiving a complaint under this Part of this Act, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994, the Commissioner shall forthwith consult with the Health and Disability Commissioner in order to determine the appropriate means of dealing with the complaint.

    “(2) As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1) of this section, the Commissioner shall determine whether or not the complaint should be dealt with, in whole or in part, under this Act.

    “(3) If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994, the Commissioner shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Health and Disability Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.”

  (2) Section 117 of the Privacy Act 1993 is hereby amended by omitting the expression “Part VIII of” where it first appears.

  (3) The Privacy Act 1993 is hereby amended by inserting, after section 117, the following section:

  “117A Consultation with Health and Disability Commissioner

  • “Notwithstanding anything in section 116 of this Act, the Commissioner may from time to time undertake consultation with the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 in relation to any matter relating to the functions of the Commissioner under this Act, including (without limitation) consultation—

    • “(a) For the purposes of making a determination under section 72A of this Act:

    • “(b) In relation to any matter arising out of or in the course of an investigation under Part VIII of this Act:

    • “(c) In relation to any matter that is within the jurisdiction of the Health and Disability Commissioner, whether or not the matter arises out of a particular complaint made under Part VIII of this Act,—

    “and, for the purposes of any such consultation, the Commissioner may disclose to the Health and Disability Commissioner such information as the Commissioner considers necessary for that purpose.”

  (4) Schedule 1 to the Privacy Act 1993 is hereby amended by inserting, after clause 10, the following clause:

  “10A Audit Office to be auditor of Commissioner's accounts

  • The annual financial statements of the Commissioner shall be audited by the Audit Office, which, for that purpose, shall have and may exercise all such powers as it has under the Public Finance Act 1977 in respect of public money and stores.”