Privacy Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Subpart 2—Interpretation and related matters

7 Interpretation

(1)

In this Act, unless the context otherwise requires,—

action includes failure to act, and also includes any policy or practice

agency means a person described in section 4 to whom this Act applies

binding scheme means an internationally recognised scheme in which the participants agree to be bound by—

(a)

specified measures for protecting personal information that is collected, held, used, and disclosed; and

(b)

mechanisms for enforcing compliance with those measures

Chairperson means the Chairperson of the Human Rights Review Tribunal, and includes a Deputy Chairperson of the Tribunal

code of practice means a code of practice issued by the Commissioner under section 32

collect, in relation to personal information, means to take any step to seek or obtain the personal information, but does not include receipt of unsolicited information

Commissioner means the Privacy Commissioner holding office under section 13 and appointed in accordance with section 28(1)(b) of the Crown Entities Act 2004

correct, in relation to personal information, means to alter that information by way of correction, deletion, or addition, and correction has a corresponding meaning

country includes a self-governing State, province, or territory

department means—

(a)

a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(b)

an interdepartmental venture:

(c)

a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(d)

an interdepartmental executive board serviced by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (see also section 201A)

departmental agency has the meaning given in section 5 of the Public Service Act 2020

Deputy Commissioner means the Deputy Privacy Commissioner appointed under section 14

Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A of the Human Rights Act 1993

document means a document in any form, and includes—

(a)

any writing on any material:

(b)

any information recorded or stored by means of any computer or other device, and any material subsequently derived from information so recorded or stored:

(c)

any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(d)

any book, map, plan, graph, or drawing:

(e)

any photograph, film, negative, tape, or any device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

foreign person or entity means—

(a)

an individual who is neither—

(i)

present in New Zealand; nor

(ii)

ordinarily resident in New Zealand:

(b)

a body, incorporated or unincorporated, that—

(i)

is not established under the law of New Zealand; and

(ii)

does not have its central control and management in New Zealand:

(c)

the Government of an overseas country

General Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993

individual means a natural person, other than a deceased natural person

individual concerned, in relation to personal information, means the individual to whom the information relates

information privacy principle or IPP means an information privacy principle set out in section 22

inquiry means an inquiry to which section 6 of the Inquiries Act 2013 applies

intelligence and security agency means—

(a)

the New Zealand Security Intelligence Service; and

(b)

the Government Communications Security Bureau

interdepartmental executive board has the meaning given in section 5 of the Public Service Act 2020

interdepartmental venture has the meaning given in section 5 of the Public Service Act 2020

international organisation means any organisation of States or Governments of States or any organ or agency of any such organisation, and includes the Commonwealth Secretariat

local authority—

(a)

means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987; and

(b)

includes—

(i)

any committee, subcommittee, standing committee, special committee, joint standing committee, or joint special committee that the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and

(ii)

a committee of the whole local authority

Minister means a Minister of the Crown in the Minister’s capacity as a Minister

New Zealand agency has the meaning given to it in section 8

New Zealand private sector agency means a private sector agency that is an incorporated or unincorporated body and that—

(a)

is established under New Zealand law; or

(b)

has its central management and control in New Zealand

news activity means—

(a)

gathering, preparing, or compiling, for the purposes of publication, any—

(i)

news:

(ii)

observations on news:

(iii)

current affairs:

(b)

publishing any—

(i)

news:

(ii)

observations on news:

(iii)

current affairs

news entity means an entity (including an individual)—

(a)

whose business, in whole or part, consists of a news activity; and

(b)

that is, or is employed by an employer that is, subject to the oversight of—

(i)

the Broadcasting Standards Authority; or

(ii)

the New Zealand Media Council; or

(iii)

an overseas regulator providing an independent procedure for the consideration and adjudication of privacy complaints that is accessible to complainants, including complainants residing in New Zealand; or

(iv)

any other body prescribed as a regulatory body by regulations made under section 215(1)(b) for the purposes of this definition

OECD Guidelines means the Organisation for Economic Co-operation and Development Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data

Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975

organisation—

(a)

means—

(i)

an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and

(ii)

an organisation named in Schedule 1 of the Official Information Act 1982; and

(b)

includes the Office of the Clerk of the House of Representatives

overseas agency has the meaning given to it in section 9

overseas privacy enforcement authority means an overseas body that is responsible for enforcing legislation to protect personal information, and that has the power to conduct investigations and pursue enforcement proceedings

Parliamentary Under-Secretary means a Parliamentary Under-Secretary in their capacity as a Parliamentary Under-Secretary

personal information—

(a)

means information about an identifiable individual; and

(b)

includes information relating to a death that is maintained by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 1995 or any former Act (as defined in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995)

private sector agency means an agency that is not a public sector agency

public sector agency—

(a)

means an agency that is a Minister, a Parliamentary Under-Secretary, a department, an organisation, or a local authority; and

(b)

includes any agency that is an unincorporated body (being a board, council, committee, or other body)—

(i)

that is established for the purpose of assisting or advising, or performing functions connected with, any public sector agency within the meaning of paragraph (a); and

(ii)

that is established in accordance with the provisions of any enactment or by any such public sector agency

publication has a corresponding meaning to publish

publicly available information means personal information that is contained in a publicly available publication

publicly available publication means a publication (including a register, list, or roll of data) in printed or electronic form that is, or will be, generally available to members of the public free of charge or on payment of a fee

publish means to make publicly available in any manner, including by—

(a)

displaying on any medium:

(b)

printing in a newspaper or other periodical:

(c)

broadcasting by any means:

(d)

disseminating by means of the Internet or any other electronic medium:

(e)

storing electronically in a way that is accessible to the public

responsible Minister means the Minister of Justice

serious threat means a threat that an agency reasonably believes to be a serious threat having regard to all of the following:

(a)

the likelihood of the threat being realised; and

(b)

the severity of the consequences if the threat is realised; and

(c)

the time at which the threat may be realised

unique identifier, in relation to an individual, means an identifier other than the individual’s name that uniquely identifies the individual

working day means any day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, or Labour Day; or

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or

(c)

a day in the period commencing on 25 December in one year and ending with 15 January in the next year.

(2)

For the purposes of this Act, a person is to be treated as ordinarily resident in New Zealand if—

(a)

the person’s home is in New Zealand; or

(b)

the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or

(c)

having resided in New Zealand with the intention of establishing their home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but intends to return to establish their home in New Zealand or to reside in New Zealand indefinitely.

Compare: 1993 No 28 s 2(1)

Section 7(1) department: replaced, on 7 August 2020, by section 125(1) of the Public Service Act 2020 (2020 No 40).

Section 7(1) departmental agency: inserted, on 7 August 2020, by section 125(2) of the Public Service Act 2020 (2020 No 40).

Section 7(1) interdepartmental executive board: inserted, on 7 August 2020, by section 125(2) of the Public Service Act 2020 (2020 No 40).

Section 7(1) interdepartmental venture: inserted, on 7 August 2020, by section 125(2) of the Public Service Act 2020 (2020 No 40).

Section 7(1) working day paragraph (a): amended, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).