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Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

75: Referral of complaint to another person

You could also call this:

"When to send your complaint to someone else to handle"

Illustration for Privacy Act 2020

If you make a complaint, the Commissioner might think it is better handled by someone else. The Commissioner considers if the complaint is about something that another person should deal with, such as an Ombudsman, the Health and Disability Commissioner, the Inspector-General of Intelligence and Security, the Independent Police Conduct Authority, or a chief executive as defined in section 5 of the Customer and Product Data Act 2025. The Commissioner must talk to the person who should handle the complaint and decide how to proceed.

The Commissioner must consult with the person who has the power to deal with the complaint and decide the best way to handle it. If the Commissioner thinks the complaint should be handled by someone else, they will send it to that person as soon as possible. This can be the whole complaint or just part of it.

The Commissioner will refer the complaint to the right person if they think that is the best way to deal with it. You can find more information about this in the Customer and Product Data Act 2025. The Commissioner's job is to make sure your complaint is handled by the right person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23449.

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74: Commissioner may decide not to investigate complaint, or

"The Commissioner can choose not to look into a complaint if there's a good reason not to."

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76: Referral of complaint to overseas privacy enforcement authority, or

"Sending your privacy complaint to another country to be sorted out"

Part 5Complaints, investigations, and proceedings
Complaints

75Referral of complaint to another person

  1. This section applies if, after receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of any of the following persons:

  2. an Ombudsman:
    1. the Health and Disability Commissioner:
      1. the Inspector-General of Intelligence and Security:
        1. the Independent Police Conduct Authority:
          1. the chief executive within the meaning of section 5 of the Customer and Product Data Act 2025.

            1. The Commissioner must—

            2. consult the person specified in subsection (1) who the Commissioner considers has jurisdiction to deal with the complaint; and
              1. decide the appropriate means of dealing with the complaint.

                1. If the Commissioner decides that the complaint should be dealt with, in whole or in part, by a person specified in subsection (1), the Commissioner must, as soon as practicable, refer the complaint, or the appropriate part of the complaint, to that person.

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                Notes
                • Section 75(1)(e): inserted, on , by section 150 of the Customer and Product Data Act 2025 (2025 No 14).