Ombudsmen Act 1975

Functions of Ombudsmen

21A: Consultation with Privacy Commissioner

You could also call this:

"Ombudsman talks to Privacy Commissioner to help make fair decisions and protect people's privacy"

Illustration for Ombudsmen Act 1975

An Ombudsman can talk to the Privacy Commissioner about things related to their job. You can think of an Ombudsman like a referee who helps sort out problems between people and government agencies. The Ombudsman can discuss things like making decisions or investigating complaints.

The Ombudsman can also talk to the Privacy Commissioner about privacy issues, even if nobody has made a complaint. When they have these discussions, the Ombudsman can share information with the Privacy Commissioner if they think it's necessary. This is allowed under the Privacy Act 2020.

The Ombudsman might talk to the Privacy Commissioner when they are looking into something or making a decision, and they want to make sure they are doing the right thing. They can have these discussions to help them do their job better and make sure people's privacy is protected. This helps the Ombudsman make good decisions and do a good job.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431160.


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"Ombudsmen and staff must keep secrets and only share information when necessary and allowed by law."


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21B: Consultation with Health and Disability Commissioner, or

"Ombudsman talks to Health and Disability Commissioner about important issues"

21AConsultation with Privacy Commissioner

  1. Notwithstanding anything in section 21, an Ombudsman may from time to time undertake consultation with the Privacy Commissioner under the Privacy Act 2020 in relation to any matter relating to the functions of the Ombudsman, including (without limitation) consultation—

  2. for the purposes of making a determination under section 17A:
    1. in relation to any matter arising out of or in the course of an investigation under this Act or any other enactment:
      1. in relation to any matter relating to privacy, whether or not the matter arises out of a particular complaint made under this Act,—
        1. and for the purposes of any such consultation, an Ombudsman may disclose to the Privacy Commissioner such information as the Ombudsman considers necessary for that purpose.

        Notes
        • Section 21A: inserted, on , by section 3 of the Ombudsmen Amendment Act 1993 (1993 No 34).
        • Section 21A: amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).