Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

86: Power to summon persons

You could also call this:

"The Commissioner can ask you to answer questions and tell the truth to help with an investigation."

Illustration for Privacy Act 2020

The Commissioner can ask you to come and answer questions if they think you have information that can help with an investigation. They can also ask you to promise to tell the truth, like in a court. If the Commissioner asks you questions, it is like being in a court, and you must tell the truth, or it could be considered like lying in court, which is against the law, as stated in section 108 of the Crimes Act 1961. You will get paid for your time and expenses, just like you would if you were a witness in a court, and this is decided using the rules from the Criminal Procedure Act 2011.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23459.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
Previous

85: Compulsory conferences of parties to complaint, or

"When you complain, the Commissioner might call a meeting with you and others to help resolve the issue."

Next

87: Power to require information and documents, or

"The Commissioner can ask you for information or documents to help with their investigation"

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

86Power to summon persons

  1. The Commissioner may summon and examine on oath any person who the Commissioner considers is able to give information relevant to an investigation, and may for that purpose administer an oath to the person.

  2. Every examination by the Commissioner under subsection (1) is to be treated as a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

  3. A person who is summoned by the Commissioner under this section is entitled to the same fees, allowances, and expenses as if the person were a witness in a court, and—

  4. the provisions of any regulations prescribing the fees, allowances, and expenses payable to persons giving evidence under the Criminal Procedure Act 2011 apply; and
    1. the Commissioner has the powers of a court under those regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.

      Compare