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Privacy (Giving Privacy Commissioner Necessary Tools) Amendment Bill (Consistent) [2013] NZBORARp 21 (30 May 2013)

Last Updated: 1 April 2019

Privacy (Giving Privacy Commissioner Necessary Tools) Amendment Bill

30 May 2013

Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Privacy (Giving Privacy Commissioner Necessary Tools) Amendment Bill

1. We have considered whether the Privacy (Giving Privacy Commissioner Necessary Tools) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill is a Member’s Bill in the name of Sue Moroney. The Bill was introduced into the House of Representatives on 16 May 2013 and is awaiting its first reading. We understand that the next Members’ Day is scheduled for Wednesday 5 June 2013.
   
2. The Bill amends the Privacy Act 1993, and aims to ensure that the Privacy Commissioner has sufficient investigative and enforcement powers to enable them to function effectively. To meet this aim, the Bill provides the Privacy Commissioner with a new audit function, and empowers them to issue compliance notices where agencies are found to be in breach of the Privacy Act.
   
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

Disclaimer

In addition to the general disclaimer for all documents on this website, please note the following:

This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Privacy (Giving Privacy Commissioner Necessary Tools) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided

to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.