Title
1 Short Title and commencement
Part 1
Preliminary provisions
2 Interpretation
3 Information held by agency
4 Actions of, and disclosure of information to, staff of agency, etc
5 Act to bind the Crown
Part 2
Information privacy principles
6 Information privacy principles
7 Savings
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
Part 3
Privacy Commissioner
12 Privacy Commissioner
13 Functions of Commissioner
14 Commissioner to have regard to certain matters
15 Deputy Commissioner
16 Term of office [Repealed]
17 Continuation in office after term expires [Repealed]
18 Vacation of office [Repealed]
19 Holding of other offices
20 Powers relating to declaratory judgments
21 Directories of personal information
22 Commissioner may require agency to supply information
23 Privacy officers
24 Annual report
25 Further provisions relating to Commissioner
26 Review of operation of Act
Part 4
Good reasons for refusing access to personal information
27 Security, defence, international relations, etc
28 Trade secrets
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31 Restriction where person sentenced to imprisonment [Repealed]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
33 Application
34 Individuals may make information privacy requests
35 Charges
36 Commissioner may authorise public sector agency to charge
37 Urgency
38 Assistance
39 Transfer of requests
40 Decisions on requests
41 Extension of time limits
42 Documents
43 Deletion of information from documents
44 Reason for refusal to be given
45 Precautions
Part 6
Codes of practice and exemptions from information privacy principles
Codes of practice
46 Codes of practice
47 Proposal for issuing of code of practice
48 Notification of intention to issue code
49 Notification, availability, and commencement of code
50 Application of Legislation Act 2012 to codes
51 Amendment and revocation of codes
52 Urgent issue of code
53 Effect of code
Specific exemptions
54 Commissioner may authorise collection, use, or disclosure of personal information
55 Certain personal information excluded
56 Personal information relating to domestic affairs
57 Intelligence organisations
Part 7
Public register personal information
58 Interpretation
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
64 Effect of code
65 Power to amend Schedule 2 by Order in Council
Part 8
Complaints
Interpretation
66 Interference with privacy
Complaints
67 Complaints
68 Mode of complaint
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
Proceedings of Commissioner
73 Proceedings of Commissioner
74 Settlement of complaints
75 Parties to be informed of result of investigation
76 Compulsory conferences
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
87 Proof of exceptions
88 Damages
89 Certain provisions of Human Rights Act 1993 to apply
Part 9
Proceedings of Commissioner
90 Procedure
91 Evidence
92 Compliance with requirements of Commissioner
93 Extension of time limit
94 Protection and privileges of witnesses, etc
95 Disclosures of information, etc
96 Proceedings privileged
Part 9A
Information sharing
Subpart 1—Preliminary matters
96A Purpose of Part
96B Relationship between this Part and other law relating to information sharing
96C Interpretation
Subpart 2—Information sharing agreements
Authority for information sharing
96D Information sharing between agencies
96E Information sharing within agencies
Parties
96F Parties to information sharing agreement
96G Representative parties
Lead agency
96H Determining which party is lead agency
Form and content
96I Form and content of information sharing agreement
Approval of information sharing agreements
96J Governor-General may approve information sharing agreement by Order in Council
96K Requirements for Order in Council
96L Further provisions about Order in Council
96M Application of Legislation Act 2012
Procedure for recommending Order in Council
96N Matters to which relevant Minister must have regard before recommending Order in Council
96O Consultation on proposed information sharing agreement
Commissioner's report on approved information sharing agreement
96P Commissioner may prepare and publish report on approved information sharing agreement
Subpart 3—Matters relating to operation of approved information sharing agreements
Notice of adverse action
96Q Requirement to give notice of adverse action
96R When requirement to give notice of adverse action applies
Responsibilities of lead agency
96S Responsibilities of lead agency
96T Report of lead agency
96U Commissioner may specify frequency of reporting by lead agency
Amendment of approved information sharing agreements
96V Amendment of approved information sharing agreement
Review of approved information sharing agreement
96W Review of operation of approved information sharing agreement
96X Report on findings of review
96Y Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government's response
Subpart 4—Miscellaneous
96Z Power to amend Schedule 2A
Part 10
Information matching
Interpretation
97 Interpretation
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
102 Extension of time limit
103 Notice of adverse action proposed
104 Reporting requirements
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
110 Interpretation
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
114A Interpretation
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
General
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
120 Adverse comment
Delegations
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
Liability and offences
126 Liability of employer and principals
127 Offences
Regulations
128 Regulations
128A Power to amend Schedule 5A
Amendments, repeals, and revocations
129 Amendments, repeals, and revocations
129A Amendment relating to Legislation Act 2012
129B New section 96M substituted
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
132 Savings
133 Transitional provision
Schedule 1
Provisions applying in respect of Commissioner
Schedule 2
Public registers
Schedule 2A
Approved information sharing agreements
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
Schedule 6
Enactments amended
Schedule 7
Enactments repealed
Schedule 8
Orders revoked
Reprint notes