Section 97 — Privacy Act 2020: Director may commence proceedings in Tribunal

97 Director may commence proceedings in Tribunal (1) This section applies if a complaint or matter is referred by the Commissioner to the Director under section 78 , 84 , 91(5)(b) or (6) , or 94(4)(a) or (5) . (2) The Director must— (a) decide whether to commence proceedings in the Tribunal in respect of the complaint or matter; and (b) give written notice to the following persons of that decision: (i) the complainant; and (ii) the agency whose action was the subject of the complaint or matter. (3) Before commencing any proceedings in the Tribunal, the Director must give the agency an opportunity to be heard. (4) The parties to proceedings commenced under this section are— (a) the Director, as the plaintiff; and (b) the agency, as the defendant. (5) An aggrieved individual may join, or be joined in, the proceedings only if the Tribunal so orders. (6) The Director may bring proceedings on behalf of a class of aggrieved individuals, and may seek on behalf of the individuals who belong to the class any of the remedies described in section 102 , if the Director considers that a respondent is acting or has acted in a way that affects or has affected that class and that is an interference with the privacy of an individual. Compare: 1993 No 28 s 82