Privacy Act 2020

Access to and correction of personal information - Charges

67: Commissioner may authorise public sector agency to impose charge

You could also call this:

"The Commissioner can allow government agencies to charge for services if it's fair."

Illustration for Privacy Act 2020

The Commissioner can let a public sector agency charge you for something if they think the agency will be at a disadvantage compared to private companies if they don't charge. This is under section 66(1)(a) or (2)(a). The Commissioner makes this decision. The Commissioner can also add conditions to this permission if they think it's necessary. The Commissioner can take back this permission at any time, but they must listen to what the agency has to say first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23419.


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68: Interpretation, or

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Part 4Access to and correction of personal information
Charges

67Commissioner may authorise public sector agency to impose charge

  1. The Commissioner may authorise a public sector agency to impose a charge under section 66(1)(a) or (2)(a) if the Commissioner is satisfied that the public sector agency will be commercially disadvantaged in comparison with any competitor in the private sector if it were not able to impose a charge.

  2. The Commissioner may impose any conditions on an authorisation that the Commissioner considers appropriate.

  3. The Commissioner may, at any time, revoke an authorisation, but only after giving the agency an opportunity to be heard.

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