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Privacy Act 2020

Information privacy principles and codes of practice - Codes of practice

34: Urgent issue of code of practice

You could also call this:

"The Commissioner can quickly make a temporary rule if it's really important."

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The Commissioner can issue a code of practice quickly if they think it is necessary. You can read about the usual procedure for issuing a code of practice in section 33(3). The Commissioner can do this without following the usual procedure if it is an urgent matter.

If the Commissioner issues a code of practice quickly, they must say it is temporary. The code will only be in force for a certain period, which is up to one year from when it was issued.

The Commissioner's decision to issue a code of practice quickly does not have to follow the rules in section 35.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23370.

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"Creating a code of practice to help groups follow privacy rules"

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Part 3Information 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.

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