Privacy Act 2020

Privacy Commissioner - Functions of Privacy Commissioner

21: Commissioner to have regard to certain matters

You could also call this:

"The Commissioner must consider people's privacy when making decisions."

When the Commissioner is doing their job, they must think about how their decisions affect people's privacy. They also need to consider other important things, like making sure people can share information easily and that the government and businesses can work efficiently. The Commissioner must balance these things with people's right to privacy.

The Commissioner has to remember that New Zealand has agreed to follow certain international rules, especially those related to communication technology. They also need to think about how different cultures view privacy and consider any new international guidelines that might help protect people's privacy better.

The Commissioner must think about the Information Privacy Principles, or IPPs, when making decisions. You can find more information about previous versions of this law, such as the 1993 No 28 s 14, to see how it has changed over time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 6 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23333.

Topics:

Rights and equality > Privacy

20: Duty to act independently, or

"The Commissioner must make their own decisions without being told what to do by someone else."

22: Information privacy principles, or

"Rules to protect your personal information"

Part 2Privacy Commissioner
Functions of Privacy Commissioner

21Commissioner to have regard to certain matters

The Commissioner must, in performing any statutory function or duty, and in exercising any statutory power,—
have regard to the privacy interests of individuals alongside other human rights and interests, including—
1. the desirability of facilitating the free flow of information in society; and
2. government and businesses being able to achieve their objectives efficiently; and
take account of international obligations accepted by New Zealand, including those concerning the international technology of communications; and
take account of cultural perspectives on privacy; and
consider any developing general international guidelines relevant to the better protection of individual privacy; and
have regard to the IPPs.

Compare

1993 No 28 s 14