Privacy Amendment Act 1996
Privacy Amendment Act 1996
Privacy Amendment Act 1996
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Privacy Amendment Act 1996
Public Act |
1996 No 142 |
|
Date of assent |
2 September 1996 |
|
Contents
An Act to amend the Privacy Act 1993
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Privacy Amendment Act 1996, and shall be read together with and deemed part of the Privacy Act 1993(hereinafter referred to as the principal Act).
(2)
Except as provided in subsection (3) of this section, this Act shall come into force on the day after the date on which it receives the Royal assent.
(3)
Section 4 of this Act shall be deemed to have come into force on the 1st day of July 1993.
2 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by omitting from paragraph (b)(viii) of the definition of the term “agency”
the word “Tribunal”
, and substituting the word “tribunal’.
(2)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “Complaints Review Tribunal’, and substituting the following definition:
“‘Complaints Review Tribunal’ or ‘Tribunal’ means the Complaints Review Tribunal continued by section 93 of the Human Rights Act 1993:”.
(3)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “personal information”
, and substituting the following definition:
“‘Personal information’ means information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar-General pursuant to the Births, Deaths, and Marriages Registration Act 1995, or any former Act:”.
(4)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “Proceedings Commissioner”
, and substituting the following definition:
“‘Proceedings Commissioner’ means the Proceedings Commissioner appointed under section 7(1)(d) of the Human Rights Act 1993:”.
3 Information privacy principles
Section 6 of the principal Act is hereby amended by omitting from subclause (2)(d)(iv) of information privacy principle 2, and also from subclause (4)(c)(iv) of information privacy principle 3, paragraph (c)(iv) of information privacy principle 10, and paragraph (e)(iv) of information privacy principle 11, the word “Tribunal”
, and substituting in each case the word “tribunal”
.
4 Correcting drafting errors
The principal Act is hereby amended by repealing section 81, and the heading above that section, and substituting the following heading and section:
“Special Procedure Relating to Intelligence Organisations
“81 Special procedure relating to intelligence organisations
“(1)
The provisions of this section shall apply in every case where, after making any investigation under this Part or this Act in respect of any action of an intelligence organisation, the Commissioner is of the opinion that the action that was the subject-matter of the investigation is an interference with the privacy of an individual.
“(2)
If, in any case to which this section applies, the Commissioner is of the opinion that any steps should be taken by the intelligence organisation in relation to the subject-matter of the investigation, the Commissioner shall report his or her opinion, and the reasons for that opinion, to the intelligence organisation, and may make such recommendations as the Commissioner thinks fit.
“(3)
Where the Commissioner makes a report to an intelligence organisation pursuant to subsection (2) of this section, the Commissioner may request the organisation to notify the Commissioner, within a specified time, of the steps (if any) that the organisation proposes to take to give effect to the Commissioner’s recommendations.
“(4)
If, within a reasonable time after the report is made, no action is taken that seems to the Commissioner to be adequate and appropriate, the Commissioner, in the Commissioner’s discretion, after considering the comments (if any) made by or on behalf of the organisation concerned, may send a copy of the report and recommendations to the Prime Minister.
“(5)
As soon as practicable after receiving a report under subsection (4) of this section, the Prime Minister may lay a copy of all or any part of the report before the House of Representatives.
“(6)
Nothing in section 76 or section 77 or sections 82 to 89 of this Act shall apply in relation to any complaint made under this Part of this Act in relation to any action of an intelligence organisation, or in relation to any investigation under this Part of this Act into any such action.”
5 Interpretation
Section 97 of the principal Act is hereby amended by repealing paragraph (h) of the definition of the term “specified agency’.
6 Amendment of Fifth Schedule
(1)
The principal Act is hereby amended by inserting after section 112, in substitution for the expired section 113, the following section:
“113
Before the 1st day of July 1997, the Governor-General may from time to time, by Order in Council made on the advice of the responsible Minister given after consultation with the Privacy Commissioner,—
“(a)
Add, omit, or amend any item in the Fifth Schedule to this Act; or
“(b)
Otherwise amend that Schedule; or
“(c)
Otherwise revoke that Schedule and substitute a new Schedule.”
(2)
Section 114 of the principal Act is hereby consequentially amended by omitting the expression “1996”
, and substituting the expression “1997”
.
7 Second Schedule amended
The Second Schedule to the principal Act is hereby amended by inserting in Part I, after the item relating to the Building Act 1991, the following items:
“Te Ture Whenua Maori Act 1993
“Companies Act 1993
Section 268
Sections 87, 88, 189, and 360”
8 Third Schedule amended
(1)
The Third Schedule to the principal Act is hereby amended by omitting the item relating to the Tax Administration Act 1994 (as substituted by section YB 1 of the Income Tax Act 1994 and amended by section 10(2) of the Tax Administration Amendment Act 1996), and substituting the following item:
“Tax Administration Act 1994
Sections 46a, 82, 83, 84, and 85”.
(2)
The Third Schedule to the principal Act is hereby amended by omitting the item relating to the Births and Deaths Registration Act 1951, and the item relating to the Marriage Act 1955.
(3)
Schedule 20 to the Income Tax Act 1994 is hereby consequentially amended by repealing the item relating to the Third Schedule to the principal Act.
(4)
Section 10(2) of the Tax Administration Amendment Act 1996 is hereby consequentially repealed.
9 Fifth Schedule amended
(1)
The Fifth Schedule to the principal Act (as substituted by section 11(3) of the Department of Justice (Restructuring) Act 1995) is hereby amended by omitting, from the part headed Police Records, from the third column of the item relating to vehicles of interest, the words “Land Transport Safety Authority of New Zealand”
, and substituting the words “Ministry of Transport”
.
(2)
The Fifth Schedule to the principal Act (as so substituted) is hereby amended by inserting, in the part headed Land Transport Safety Authority of New Zealand, in the first column of the item relating to the transport licensing register, after the word “Transport”
, the word “services”
.
(3)
The Fifth Schedule to the principal Act (as so substituted) is hereby amended by omitting, from the part headed Land Transport Safety Authority of New Zealand, the item relating to the motor vehicles register.
(4)
The Fifth Schedule to the principal Act (as so substituted) is hereby amended by inserting, after the part headed Land Transport Safety Authority of New Zealand, the part set out in the Schedule to this Act.
Schedule New Part Inserted in Fifth Schedule to Principal Act
Section 9(4)
“Ministry of Transport Records
| Subject | Description | Access Available To |
|---|---|---|
| Motor vehicles register | A national register of all motor vehicles |
Department for Courts Police Local authorities authorised under section 112 of this Act Serious Fraud Office Land Transport Safety Authority of New Zealand (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Authority by— (a)Section 17(1) of the Land Transport Act 1998: (b)The notice dated the 22nd day of August 1993 and published in the Gazette on the 2nd day of September 1993 at page 2626)”. |
This Act is administered in the Ministry of Justice.
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Versions
Privacy Amendment Act 1996
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