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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 the Privacy Commissioner may send your complaint to another authority”

If you make a complaint to the Privacy Commissioner, they might think that someone else should handle it instead. This could be an Ombudsman, the Health and Disability Commissioner, the Inspector-General of Intelligence and Security, or the Independent Police Conduct Authority.

If this happens, the Privacy Commissioner will talk to the person they think should deal with your complaint. They’ll decide the best way to handle it.

If the Privacy Commissioner decides that someone else should look at your whole complaint or part of it, they’ll send it to that person as soon as they can.

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 It might be out of date or be missing some parts.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=LMS23449.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
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74: Commissioner may decide not to investigate complaint, or

“The Privacy Commissioner can refuse to look into your complaint for various reasons”

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

“Sending your privacy complaint to another country if it's about something that happened there”

Part 5 Complaints, 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 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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