New Zealand Acts

PRIVACY ACT 1993

- As at 1 October 2020
- Act 28 of 1993

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement

   PART 1 - Preliminary provisions

   2.      Interpretation
   3.      Information held by agency
   4.      Actions of, and disclosure of information to, staff of agency, etc
   5.      Act to bind the Crown

   PART 2 - Information privacy principles

   6.      Information privacy principles
   7.      Savings
   8.      Application of information privacy principles
   9.      Postponement of application of principle 11 to lists used for direct marketing
   10.     Application of principles to information held overseas
   11.     Enforceability of principles

   PART 3 - Privacy Commissioner

   12.     Privacy Commissioner
   13.     Functions of Commissioner
   14.     Commissioner to have regard to certain matters
   15.     Deputy Commissioner
   16.     Term of office
   17.     Continuation in office after term expires
   18.     Vacation of office
   19.     Holding of other offices
   20.     Powers relating to declaratory judgments
   21.     Directories of personal information
   22.     Commissioner may require agency to supply information
   23.     Privacy officers
   24.     Annual report
   25.     Further provisions relating to Commissioner
   26.     Review of operation of Act

   PART 4 - Good reasons for refusing access to personal information

   27.     Security, defence, international relations, etc
   28.     Trade secrets
   29.     Other reasons for refusal of requests
   30.     Refusal not permitted for any other reason
   31.     Restriction where person sentenced to imprisonment
   32.     Information concerning existence of certain information

   PART 5 - Procedural provisions relating to access to and correction of personal information

   33.     Application
   34.     Individuals may make information privacy requests
   35.     Charges
   36.     Commissioner may authorise public sector agency to charge
   37.     Urgency
   38.     Assistance
   39.     Transfer of requests
   40.     Decisions on requests
   41.     Extension of time limits
   42.     Documents
   43.     Deletion of information from documents
   44.     Reason for refusal to be given
   45.     Precautions

   PART 6 - Codes of practice and exemptions from information privacy principles

   46.     Codes of practice
   47.     Proposal for issuing of code of practice
   48.     Notification of intention to issue code
   49.     Notification, availability, and commencement of code
   50.     Application of Legislation Act 2012 to codes
   51.     Amendment and revocation of codes
   52.     Urgent issue of code
   53.     Effect of code
   54.     Commissioner may authorise collection, use, or disclosure of personal information
   55.     Certain personal information excluded
   56.     Personal information relating to domestic affairs
   57.     Exemption for intelligence and security agencies

   PART 7 - Public register personal information

   58.     Interpretation
   59.     Public register privacy principles
   60.     Application of information privacy principles and public register privacy principles to public registers
   61.     Complaints relating to compliance with principles
   62.     Enforceability of principles
   63.     Codes of practice in relation to public registers
   64.     Effect of code
   65.     Power to amend Schedule 2 by Order in Council

   PART 8 - Complaints

   66.     Interference with privacy
   67.     Complaints
   68.     Mode of complaint
   69.     Investigation of interference with privacy of individual
   70.     Action on receipt of complaint
   71.     Commissioner may decide to take no action on complaint
   72.     Referral of complaint to Ombudsman
   72A.    Referral of complaint to Health and Disability Commissioner
   72B.    Referral of complaint to Inspector-General of Intelligence and Security
   72C.    Referral of complaint to overseas privacy enforcement authority
   73.     Proceedings of Commissioner
   74.     Settlement of complaints
   75.     Parties to be informed of result of investigation
   76.     Compulsory conferences
   77.     Procedure after investigation
   78.     Procedure in relation to charging
   79.     Breaches of certain principles occurring before 1 July 1996
   80.     Commissioner to report breach of duty or misconduct
           Note
   81.     Special procedure relating to intelligence and security agencies
           Note
   82.     Proceedings before Human Rights Review Tribunal
   83.     Aggrieved individual may bring proceedings before Human Rights Review Tribunal
   84.     Remedies that may be sought
   85.     Powers of Human Rights Review Tribunal
   86.     Right of Director of Human Rights Proceedings to appear in proceedings
   87.     Proof of exceptions
   88.     Damages
   89.     Certain provisions of Human Rights Act 1993 to apply

   PART 9 - Proceedings of Commissioner

   90.     Procedure
   91.     Evidence
   92.     Compliance with requirements of Commissioner
   93.     Extension of time limit
   94.     Protection and privileges of witnesses, etc
   95.     Disclosures of information, etc
   96.     Proceedings privileged

   PART 9A - Information sharing
   Note

           SUBPART 1 - Preliminary matters
           Note

   96A.    Purpose of Part
   96B.    Relationship between Part 9A and other law relating to information disclosure
   96C.    Interpretation

           SUBPART 2 - Information sharing agreements
           Note
           Note

   96D.    Information sharing between agencies
   96E.    Information sharing within agencies
           Note
   96F.    Parties to information sharing agreement
   96G.    Representative parties
           Note
   96H.    Determining which party is lead agency
           Note
   96I.    Form and content of information sharing agreement
           Note
   96J.    Governor-General may approve information sharing agreement by Order in Council
   96K.    Requirements for Order in Council
   96L.    Further provisions about Order in Council
   96M.    Application of Legislation Act 2012
           Note
   96N.    Matters to which relevant Minister must have regard before recommending Order in Council
   96O.    Consultation on proposed information sharing agreement
           Note
   96P.    Commissioner may prepare and publish report on approved information sharing agreement

           SUBPART 3 - Matters relating to operation of approved information sharing agreements
           Note
           Note

   96Q.    Requirement to give notice of adverse action
   96R.    When requirement to give notice of adverse action applies
           Note
   96S.    Responsibilities of lead agency
   96T.    Report of lead agency
   96U.    Commissioner may specify frequency of reporting by lead agency
           Note
   96V.    Amendment of approved information sharing agreement
           Note
   96W.    Review of operation of approved information sharing agreement
   96X.    Report on findings of review
   96Y.    Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government's response

           SUBPART 4 - Miscellaneous
           Note

   96Z.    Power to amend Schedule 2A

   PART 10 - Information matching

   97.     Interpretation
   97A.    Relationship between Part 10 and other law relating to information disclosure
   98.     Information matching guidelines
   99.     Information matching agreements
   100.    Use of results of information matching programme
   101.    Further provisions relating to results of information matching programme
   102.    Extension of time limit
   103.    Notice of adverse action proposed
   104.    Reporting requirements
   105.    Information matching programmes to be reported on in annual report
   106.    Review of statutory authorities for information matching
   107.    Amendment of information matching rules
   108.    Avoidance of controls on information matching through use of exceptions to information privacy principles
   109.    Avoidance of controls on information matching through use of official information statutes

   PART 10A - Identity information
   Note

   109A.   Purpose of Part
   109B.   Relationship between Part 10A and other law relating to information disclosure
   109C.   Interpretation
   109D.   Access by agencies to identity information
   109E.   Manner and form of access
   109F.   Annual reporting requirement
   109G.   Amendment of Schedule 4A

   PART 11 - Law enforcement information

   110.    Interpretation
   110A.   Relationship between Part 11 and other law relating to information disclosure
   111.    Access by accessing agencies to law enforcement information
   112.    Local authorities may be authorised to have access to law enforcement information
   113.    Amendment of Schedule 5
   114.    Expiry of power to amend Schedule 5 by Order in Council

   PART 11A - Transfer of personal information outside New Zealand
   Note

   114A.   Interpretation
   114B.   Prohibition on transfer of personal information outside New Zealand
   114C.   Commissioner's power to obtain information
   114D.   Transfer prohibition notice
   114E.   Commissioner may vary or cancel notice
   114F.   Offence in relation to transfer prohibition notice
   114G.   Appeals against transfer prohibition notice
   114H.   Application of Human Rights Act 1993

   PART 12 - Miscellaneous provisions

   115.    Protection against certain actions
   116.    Commissioner and staff to maintain secrecy
   117.    Consultation with Ombudsmen
   117A.   Consultation with Health and Disability Commissioner
   117B.   Consultation with Inspector-General of Intelligence and Security
   118.    Corrupt use of official information
   119.    Exclusion of public interest immunity
   120.    Adverse comment
   120A.   Responsibility under Parts 5 and 8 for interdepartmental executive board
   121.    Delegation of functions or powers of Commissioner
   122.    Delegate to produce evidence of authority
   123.    Revocation of delegations
   124.    Delegation of powers by local authority
   125.    Delegation of powers by officers of local authority
   126.    Liability of employer and principals
   127.    Offences
   128.    Regulations
   128A.   Power to amend Schedule 5A
   129.    Amendments, repeals, and revocations
   129A.   Amendment relating to Legislation Act 2012
   129B.   New section 96M substituted
   130.    Final report of Wanganui Computer Centre Privacy Commissioner
   131.    Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner
   132.    Savings
   133.    Transitional provision
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8