Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Privacy Commissioner - Appointment of Privacy Commissioner

15: Holding of other offices

You could also call this:

“Restrictions on other roles for Privacy and Deputy Privacy Commissioners”

You cannot be appointed as the Privacy Commissioner or Deputy Commissioner if you are a member of a local authority. This is in addition to other roles that disqualify you from being appointed, which are mentioned in section 30(2) of the Crown Entities Act 2004.

If you are a Judge and you are appointed as the Commissioner or Deputy Commissioner, your appointment will not change anything about your job as a Judge. You will keep your position, rank, title, status, precedence, salary, and any other allowances or rights you have as a Judge. This includes your superannuation (retirement) benefits. Your time working as the Commissioner or Deputy Commissioner will be counted as if you were working as a Judge during that time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23324.

Topics:
Rights and equality > Privacy
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14: Deputy Privacy Commissioner, or

“A second-in-command can be appointed to help run the privacy office”

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16: Superannuation or retiring allowances, or

“Rules for retirement plans and superannuation for the Commissioner and Deputy Commissioner”

Part 2 Privacy Commissioner
Appointment of Privacy Commissioner

15Holding of other offices

  1. In addition to the persons specified in section 30(2) of the Crown Entities Act 2004, a member of a local authority is disqualified from being appointed as the Commissioner or Deputy Commissioner.

  2. If a Judge is appointed as the Commissioner or Deputy Commissioner,—

  3. the appointment does not affect the Judge’s tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation); and
    1. for all purposes, the Judge’s service as Commissioner or Deputy Commissioner must be taken to be service as a Judge.

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