Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
33: Issue of code of practice
or “How codes of practice are created and issued by the Privacy Commissioner”
You could also call this:

“How to quickly create or change a code of practice in urgent situations”

If you need a new code of practice, or you need to change or cancel an existing one quickly, there’s a way to do it. Usually, there’s a process you have to follow, but sometimes that process might take too long. In these urgent situations, you can skip the usual steps.

When you make a quick code, change, or cancellation like this, you need to call it a “temporary” one. It will only last for up to one year from when you create it.

There’s a rule called Section 35 that normally applies to codes of practice. But if you make a quick code, change, or cancellation using this urgent method, that rule doesn’t apply.

Remember, you can only use this quick method if it’s really necessary and you can’t wait to follow the normal process.

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 It might be out of date or be missing some parts.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

Next up: 35: Commencement of code

or “When a code of practice takes effect”
Next

Part 3 Information privacy principles and codes of practice
Codes of practice

34Urgent issue of code of practice

  1. If the Commissioner considers that it is necessary to issue a code of practice, or to amend or revoke any code of practice, and that following the procedure set out in section 33(3) would be impracticable because it is necessary to issue the code or, as the case may be, the amendment or revocation urgently, the Commissioner may issue the code or, as the case may be, the amendment or revocation without complying with that procedure.

  2. Every code of practice, and every amendment to or revocation of a code of practice, issued in accordance with this section,—

  3. must be identified as a temporary code or amendment or revocation; and
    1. remains in force for the period (not exceeding 1 year after the date of its issue) specified for that purpose in the code or, as the case may be, the amendment or the revocation.

      1. Section 35 does not apply to a code of practice, or any amendment to or revocation of a code of practice, issued in accordance with this section.

      Compare
      Notes
      • Section 34(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).