Privacy Act 2020
Sections and provisions with full text and the judgments that cite each one.
Section 162 — Purpose of this subpart
162 Purpose of this subpart The purpose of this subpart is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity…
Section 163 — Relationship between this subpart and other law relating to information disclosure
163 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) is…
Section 164 — Interpretation
164 Interpretation In this subpart,— access , in relation to a database, includes remote access to that database accessing agency means an agency specified in the first column of Schedule 3 biometric…
Section 165 — Access by agencies to identity information
165 Access by agencies to identity information An accessing agency may, for the purpose specified in the second column of Schedule 3 opposite the name of the accessing agency, have access to an…
Section 166 — Manner and form of access
166 Manner and form of access (1) Access to identity information permitted under section 165 may be facilitated between a holder agency and an accessing agency in the manner agreed by the agencies…
Section 167 — Annual reporting requirement
167 Annual reporting requirement The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance…
Section 168 — Power to amend Schedule 3 by Order in Council
168 Power to amend Schedule 3 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy…
Section 169 — Purpose of this subpart
169 Purpose of this subpart The purpose of this subpart is to authorise specified public sector agencies to have access to law enforcement information held by other specified agencies about…
Section 170 — Relationship between this subpart and other law relating to information disclosure
170 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) is…
Section 171 — Interpretation
171 Interpretation In this subpart, unless the context otherwise requires,— accessing agency means any public sector agency for the time being specified in Schedule 4 as an agency to which law…
Section 172 — Access by accessing agencies to law enforcement information
172 Access by accessing agencies to law enforcement information (1) An accessing agency may have access to law enforcement information held by a holder agency if such access is authorised by the…
Section 173 — Power to amend Schedule 4 by Order in Council
173 Power to amend Schedule 4 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy…
Section 174 — Purpose of this subpart
174 Purpose of this subpart The purpose of this subpart is to authorise agencies to compare personal information in accordance with an authorised information matching programme.
Section 175 — Application of this subpart
175 Application of this subpart This subpart applies to the disclosure of personal information under an information matching programme authorised by an information matching provision.
Section 176 — Relationship between this subpart and other law relating to information disclosure
176 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) is…
Section 177 — Interpretation
177 Interpretation In this subpart and Schedule 6 , unless the context otherwise requires,— adverse action means any lawful action of an agency that may adversely affect the rights, benefits,…
Section 178 — Information matching agreements
178 Information matching agreements (1) Personal information held by an agency may be disclosed to another agency under an authorised information matching programme only in accordance with a written…
Section 179 — Use of results of authorised information matching programme
179 Use of results of authorised information matching programme (1) Subject to any other enactment or rule of law that limits or restricts the information that may be taken into account in taking…
Section 180 — Extension of time limit
180 Extension of time limit If an agency derives or receives information produced by an authorised information matching programme, the Commissioner may, either generally or in respect of any case or…
Section 181 — Notice of adverse action proposed
181 Notice of adverse action proposed (1) A specified agency must not take adverse action against an individual on the basis (whether in whole or in part) of a discrepancy produced by an authorised…
Section 182 — Reporting requirements
182 Reporting requirements (1) If the Commissioner so requires, an agency that is involved in an authorised information matching programme must report to the Commissioner in respect of the programme.…
Section 183 — Reports on authorised information matching programmes
183 Reports on authorised information matching programmes (1) The Commissioner must, before the end of each calendar year, report to the responsible Minister on each authorised information matching…
Section 184 — Reports on information matching provisions
184 Reports on information matching provisions (1) The Commissioner must, at 5-yearly intervals,— (a) review the operation of every information matching provision and consider, in particular,…
Section 185 — Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives
185 Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives The responsible Minister must— (a) present a copy of a…
Section 186 — Avoidance of controls on information matching through use of exceptions to information privacy principles
186 Avoidance of controls on information matching through use of exceptions to information privacy principles Despite section 176 , if the collection or disclosure of information is authorised by an…
Section 187 — Avoidance of controls on information matching through use of official information statutes
187 Avoidance of controls on information matching through use of official information statutes Despite anything in the Official Information Act 1982 or the Local Government Official Information and…
Section 188 — Power to amend Schedule 5 by Order in Council
188 Power to amend Schedule 5 by Order in Council The Governor-General may, by Order in Council made on the recommendation of the responsible Minister,— (a) amend Schedule 5 by— (i) replacing a…
Section 189 — Power to amend Schedule 6 by Order in Council
189 Power to amend Schedule 6 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the Privacy Commissioner, amend the information matching rules in…
Section 190 — Amendments to other enactments related to this subpart
190 Amendments to other enactments related to this subpart The enactments listed in Schedule 7 are amended in the manner set out in that schedule.
Section 191 — Repeal of section 190 and Schedule 7
191 Repeal of section 190 and Schedule 7 Section 190 and Schedule 7 are repealed on the close of 8 December 2020.
Section 192 — Interpretation
192 Interpretation In this Part, unless the context otherwise requires, transfer prohibition notice means a notice given under section 193 prohibiting the transfer of personal information from New…
Section 193 — Prohibition on transfer of personal information outside New Zealand
193 Prohibition on transfer of personal information outside New Zealand (1) The Commissioner may prohibit a transfer of personal information from New Zealand to another country if the Commissioner is…
Section 194 — Commissioner’s power to obtain information
194 Commissioner’s power to obtain information (1) To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner may hear or obtain information from…
Section 195 — Transfer prohibition notice
195 Transfer prohibition notice (1) A prohibition under section 193(1) is effected by the service of a transfer prohibition notice on the agency that proposes to transfer the personal information…
Section 196 — Commissioner may vary or cancel transfer prohibition notice
196 Commissioner may vary or cancel transfer prohibition notice (1) If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency…
Section 197 — Offence in relation to transfer prohibition notice
197 Offence in relation to transfer prohibition notice Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on…
Section 198 — Appeals against transfer prohibition notice
198 Appeals against transfer prohibition notice (1) An agency on whom a transfer prohibition notice is served may appeal to the Tribunal— (a) against all or any part of the notice; or (b) if the…
Section 199 — Application of Human Rights Act 1993
199 Application of Human Rights Act 1993 Part 4 of the Human Rights Act 1993 (except sections 97 , 108A , and 108B ) applies in relation to proceedings under section 198 as if they were proceedings…
Section 200 — Power to amend Schedule 8 by Order in Council
200 Power to amend Schedule 8 by Order in Council The Governor-General may, by Order in Council,— (a) amend the principles in Schedule 8 to the extent required to bring them up to date: (b) replace…
Section 201 — Privacy officers
201 Privacy officers (1) An agency must appoint as privacy officers for the agency 1 or more individuals (within or outside the agency) whose responsibilities include— (a) encouraging the agency to…
Section 202 — Commissioner may require agency to supply information
202 Commissioner may require agency to supply information For the purpose of enabling the Commissioner to respond to inquiries from the public about personal information held by an agency, the…
Section 203 — Inquiries
203 Inquiries Sections 86 to 90 apply in relation to an inquiry conducted by the Commissioner under section 17(1) (i) , and for this purpose all references in those sections to an investigation must…
Section 204 — Powers relating to declaratory judgments
204 Powers relating to declaratory judgments (1) If, at any time, it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or an order of the High Court in accordance…
Section 205 — Protection against certain actions
205 Protection against certain actions (1) If any personal information is made available in good faith under IPP 6,— (a) no proceedings, civil or criminal, may be brought against the Crown or any…
Section 206 — Commissioner and staff to maintain secrecy
206 Commissioner and staff to maintain secrecy (1) The following persons must maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions under this…
Section 207 — Commissioner may share information with overseas privacy enforcement authority
207 Commissioner may share information with overseas privacy enforcement authority (1) The Commissioner may provide to an overseas privacy enforcement authority any information, or a copy of any…
Section 208 — Consultation
208 Consultation (1) The Commissioner may at any time consult any of the following persons about any matter relating to the functions of the Commissioner under this Act: (a) an Ombudsman: (b) the…
Section 209 — Exclusion of public interest immunity
209 Exclusion of public interest immunity (1) The rule of law that authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of…
Section 210 — Adverse comment
210 Adverse comment The Commissioner must not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004 , make any comment that is adverse to any person unless that person…
Section 211 — Liability of employers, principals, and agencies
211 Liability of employers, principals, and agencies (1) For the purpose of this Act,— (a) anything done or omitted to be done by a person ( A ) as an employee of another person ( B ) is to be…