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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

81: Conducting investigation

You could also call this:

“How the Privacy Commissioner conducts and manages complaint investigations”

When the Privacy Commissioner investigates a complaint, they must do it quickly. During the investigation, the Commissioner can talk to people and get information from them. They can also ask questions to find out more.

The Commissioner can stop looking into a complaint at any time if they think it’s not needed or if there’s a good reason to stop. If this happens, the Commissioner must tell the people involved why they stopped.

You don’t have the right to speak to the Commissioner during an investigation, and the Commissioner doesn’t have to listen to everyone involved. Also, the investigation is private, which means other people can’t watch or know what’s happening.

If the Commissioner decides to stop looking into a complaint, they must tell you and explain why as soon as they can. The reasons for stopping might be found in section 74 of this law, or the Commissioner might think it’s not necessary to keep going.

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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.

Topics:
Rights and equality > Privacy
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80: Commencing investigation, or

“How the Privacy Commissioner starts and communicates about an investigation”

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82: Commissioner may regulate own procedure, or

“Commissioner can decide how to conduct investigations within legal limits”

Part 5 Complaints, 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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