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Ombudsmen Act 1975

Functions of Ombudsmen

17A: Referral of complaint to Privacy Commissioner

You could also call this:

"What happens if your complaint is about privacy?"

Illustration for Ombudsmen Act 1975

When you make a complaint under the Ombudsmen Act, the Ombudsman might think it is more about privacy. They will talk to the Privacy Commissioner to decide how to deal with your complaint. The Ombudsman will look at the Privacy Act 2020 to help them decide. The Ombudsman will then decide if your complaint should be dealt with under the Ombudsmen Act or the Privacy Act 2020. If they think it is more about privacy, they will send your complaint to the Privacy Commissioner. You will be told what action has been taken with your complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431138.

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Topics:
Rights and equality > PrivacyCrime and justice > Courts and legal help
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"The Ombudsman can say no to looking into your complaint in some situations."

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17B: Referral of complaint to Health and Disability Commissioner, or

"When to send your complaint to the Health and Disability Commissioner instead of the Ombudsman."

17AReferral of complaint to Privacy Commissioner

  1. Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Privacy Commissioner under the Privacy Act 2020, the Ombudsman shall forthwith consult with the Privacy Commissioner in order to determine the appropriate means of dealing with the complaint.

  2. As soon as practicable after consulting with the Privacy Commissioner under subsection (1), the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.

  3. If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Privacy Act 2020, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Privacy Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.

Notes
  • Section 17A: inserted, on , by section 2 of the Ombudsmen Amendment Act 1993 (1993 No 34).
  • Section 17A(1): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
  • Section 17A(3): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).