Section 99 — Privacy Act 2020: Right of Director to appear in proceedings commenced under section 98
Text of the provision Official document
99 Right of Director to appear in proceedings commenced under section 98 (1) The Director may appear and be heard in person or by a lawyer— (a) in any proceedings commenced in the Tribunal under section 98 ; and (b) in proceedings commenced in any court relating to the proceedings commenced in the Tribunal under this Part. (2) If the Director appears in any proceedings,— (a) the Director has the same rights as the parties to the proceedings to— (i) call evidence on any matter; and (ii) examine, cross-examine, and re-examine witnesses; and (b) the Tribunal or court may order— (i) any party to pay the costs incurred by the Director by reason of the Director’s appearance; or (ii) the Director to pay the costs incurred by any or all of the parties by reason of the Director’s appearance. (3) If the Director declines to appear and be heard in any proceedings,— (a) the Commissioner may instead appear and be heard in the proceedings; and (b) subsection (2) applies to the Commissioner in the same way as it applies to the Director. (4) Nothing in this section limits or affects— (a) section 110(1) ; or (b) any power of a court to award costs in any proceedings to which the Director is a party. Compare: 1993 No 28 s 86(1)–(3), (5), (6)
Official source: legislation.govt.nz
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