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New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

73: Procedure on receipt of complaint

You could also call this:

“What happens when you make a privacy complaint”

When you make a complaint, the Commissioner will look at it as soon as they can. They will then decide what to do next. They might choose not to investigate your complaint, or they might send it to someone else to deal with. Sometimes, they might send all or part of your complaint to a privacy group in another country. The Commissioner might also try to help you and the group you’re complaining about come to an agreement. If none of these options work, they might decide to investigate your complaint themselves.

After the Commissioner decides what to do, they will let you know. If they decide not to investigate your complaint, they will tell you why. They will do this as quickly as they can after making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23446.

Topics:
Rights and equality > Privacy
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Part 5 Complaints, investigations, and proceedings
Complaints

73Procedure on receipt of complaint

  1. As soon as practicable after receiving a complaint, the Commissioner must consider the complaint and—

  2. decide, in accordance with section 74, not to investigate the complaint; or
    1. decide, in accordance with section 75, to refer the complaint to another person; or
      1. decide, in accordance with section 76, to refer the complaint, or part of the complaint, to an overseas privacy enforcement authority; or
        1. decide, in accordance with section 77, to explore the possibility of securing a settlement between the complainant and the agency whose action is the subject of the complaint; or
          1. decide to investigate the complaint in accordance with subpart 2.

            1. As soon as practicable after making a decision under subsection (1), the Commissioner must—

            2. advise the complainant of that decision; and
              1. advise the complainant of the reasons for the decision, if the decision is made under subsection (1)(a).

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