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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 ask for more time to respond to your information request”

When you ask an agency for your personal information, they usually have to respond within a certain time. But sometimes, they might need more time. The agency can extend this time limit if:

You’ve asked for a lot of information, or they need to search through a lot of information to find what you need. If they try to do this in the normal time, it might really mess up their other work.

They need to talk to other people to decide about your request, and this means they can’t answer you in the normal time.

Your request is really complicated, and they can’t answer it in the normal time.

If the agency needs more time, they have to make sure it’s a fair amount of extra time. They need to tell you about this extension within 20 working days after they got your request.

When they tell you about the extension, they need to let you know:

How long the extension will be.

Why they need the extra time.

That you can complain to the Privacy Commissioner if you’re not happy about the extension.

Any other important information you might need to know.

Remember, you have the right to ask for your information, and the agency should try to help you as best they can, even if they need some extra 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 It might be out of date or be missing some parts.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.

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

Topics:
Rights and equality > Privacy
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“When an agency may choose not to say if they have your information”

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

“Reasons for refusing access to personal information to protect individuals”

Part 4 Access 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.

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