Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Access to and correction of personal information - Access to personal information

48: Extension of time limits

You could also call this:

"Agencies can take a bit more time to answer your request for personal information if it's complicated"

Illustration for Privacy Act 2020

When you ask an agency for your personal information, they usually have to respond within a certain time limit. If the agency gets a request that is very big or needs a lot of searching, they might need more time to answer you. They can also take more time if they need to talk to other people to make a decision, or if the request is very complicated.

The agency can only take a bit more time, not too much. They have to tell you about the extra time they need within 20 working days of getting your request. When they tell you, they have to say how much longer they need, why they need it, and that you can complain to the Commissioner if you do not agree with the extra time.

You can find more information about this in sections like section 43 and 44, which talk about how agencies handle requests for personal information.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23387.

Topics:
Government and voting > Government departmentsRights and equality > Privacy
Previous

47: Decision to neither confirm nor deny personal information is held, or

"When an agency won't say if they have your personal information or not"

Next

49: Protection, etc, of individual as reason for refusing access to personal information, or

"Agencies can refuse to share your personal info if it would harm someone's health, safety, or wellbeing."

Part 4Access to and correction of personal information
Access to personal information

48Extension of time limits

  1. On receiving an IPP 6 request, an agency may extend the time limit set out in section 43 or 44 in respect of the request if—

  2. the request is for a large quantity of information, or necessitates a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
    1. consultations necessary to make a decision on the request are such that a response to the request cannot reasonably be given within the original time limit; or
      1. the processing of the request raises issues of such complexity that a response to the request cannot reasonably be given within the original time limit.

        1. Any extension under subsection (1) must be for a reasonable period of time having regard to the circumstances.

        2. The extension is effected by giving notice of the extension to the requestor within 20 working days after the day on which the request is received.

        3. The notice effecting the extension must—

        4. specify the period of the extension; and
          1. give the reasons for the extension; and
            1. state that the requestor has the right to make a complaint to the Commissioner about the extension; and
              1. contain any other information that may be necessary.

                Compare