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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 complaint about privacy"

Illustration for Privacy Act 2020

When you make a complaint, the Commissioner considers it as soon as possible. They then decide what to do with your complaint. They might decide not to investigate it, in accordance with section 74, or refer it to someone else, in accordance with section 75.

They could also refer your complaint to an overseas authority, in accordance with section 76, or try to settle the issue between you and the agency involved, in accordance with section 77. Alternatively, they might decide to investigate your complaint, following the rules in subpart 2.

After the Commissioner makes a decision, they tell you what they have decided. If they decide not to investigate, they also explain why, but only if the decision is made under certain conditions.

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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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"How to make a complaint to the Commissioner in writing or by talking"

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74: Commissioner may decide not to investigate complaint, or

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Part 5Complaints, 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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