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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

86: Power to summon persons

You could also call this:

“Commissioner can require people to appear and provide information for investigations”

The Commissioner can ask you to come and answer questions if they think you have information that’s important for an investigation. They can make you promise to tell the truth, just like in a court. This is serious, and if you lie, it’s treated the same as lying in court, which is against the law.

When you come to answer questions, you can get money for your time and expenses, like you would if you were a witness in court. The rules about how much money you get are the same as the ones used in criminal cases. The Commissioner can decide how much you should get, following these rules.

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

Topics:
Rights and equality > Privacy
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“The Commissioner can require you to provide information for investigations”

Part 5 Complaints, 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.

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