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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

81: Conducting investigation

You could also call this:

"Looking into your complaint to see what happened"

Illustration for Privacy Act 2020

When you make a complaint, the Commissioner must investigate it quickly. The Commissioner can talk to anyone and ask questions to get more information. They can also make inquiries to help with the investigation.

The Commissioner can stop investigating a complaint at any time if they are satisfied with certain matters outlined in section 74, or if they think it is not necessary to continue. If the Commissioner makes this decision, they must tell the people involved about the decision and why they made it. You do not have the right to a hearing, and the Commissioner does not have to listen to you in person.

Any investigation the Commissioner holds must be private, meaning it is not open to the public. The Commissioner will investigate your complaint in a way that is fair and private. They will make sure to follow the rules and keep you informed about what is happening with your complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23456.

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80: Commencing investigation, or

"Starting to look into your complaint"

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82: Commissioner may regulate own procedure, or

"The Commissioner can create their own rules for investigations as long as they follow the law."

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

81Conducting investigation

  1. The Commissioner must conduct an investigation in a timely manner.

  2. During an investigation, the Commissioner may—

  3. hear and obtain information from any person; and
    1. make any inquiries.

      1. At any time during an investigation, the Commissioner may decide to take no further action on a complaint or matter if the Commissioner—

      2. is satisfied of any of the matters set out in section 74; or
        1. considers that any further action is unnecessary or inappropriate.

          1. As soon as practicable after making a decision under subsection (3), the Commissioner must notify the parties of—

          2. that decision; and
            1. the reason for that decision.

              1. It is not necessary for the Commissioner to hold a hearing, and no person is entitled as of right to be heard by the Commissioner.

              2. Any investigation held by the Commissioner must be conducted in private.

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