Section 4 — Privacy Act 2020: Application of this Act

4 Application of this Act (1) This Act (except section 212 ) applies to— (a) a New Zealand agency ( A ), in relation to any action taken by A (whether or not while A is, or was, present in New Zealand) in respect of personal information collected or held by A: (b) an overseas agency ( B ), in relation to any action taken by B in the course of carrying on business in New Zealand in respect of personal information collected or held by B: (c) an individual ( C ) who is not ordinarily resident in New Zealand, in relation to any action taken by C in respect of— (i) personal information collected by C while present in New Zealand, regardless of where the information is subsequently held by C or where the individual to whom the information relates is, or was, located: (ii) personal information held by C while present in New Zealand (but not collected by C while present in New Zealand), regardless of where the individual to whom the information relates is, or was, located. (2) For the purposes of subsection (1)(a) and (b), it does not matter— (a) where the personal information is, or was, collected by the agency; or (b) where the personal information is held by the agency; or (c) where the individual concerned is, or was, located. (3) For the purposes of subsection (1)(b), an agency may be treated as carrying on business in New Zealand without necessarily— (a) being a commercial operation; or (b) having a place of business in New Zealand; or (c) receiving any monetary payment for the supply of goods or services; or (d) intending to make a profit from its business in New Zealand. (4) Subpart 3 of Part 7 also applies to a court in relation to its judicial functions. (5) Section 212 applies to— (a) a New Zealand agency: (b) an overseas agency: (c) an individual who is present in New Zealand: (d) a person who is outside New Zealand if— (i) any act or omission forming part of any offence under section 212 occurs in New Zealand; or (ii) any event necessary to the completion of any offence under section 212 occurs in New Zealand.