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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

87: Power to require information and documents

You could also call this:

“The Commissioner can require you to provide information for investigations”

During an investigation, the Commissioner can ask you to provide information, documents, or things that might be important for the investigation. If you get this request, you need to give the Commissioner what they asked for as soon as you can.

The Commissioner will tell you when they need the information by. If they don’t give you a specific date, you should provide it within 20 working days after you get the request.

Sometimes, it might be hard for you to give the information by the deadline. This could happen if:

  1. There’s a lot of information to look through, and meeting the deadline would make it really difficult for your organisation to do its normal work.
  2. You need to talk to other people before you can provide the information, and this takes more time than the deadline allows.
  3. The information requested is very complicated, making it hard to meet the original deadline.

If any of these things happen, you can ask the Commissioner for more time. You need to ask for this extra time before the original deadline. When you ask for more time, you should tell the Commissioner:

  1. How much extra time you need
  2. Why you need more time
  3. Any other important information about your request

The Commissioner will give you more time if they agree that one of the reasons above is true for your situation.

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 It might be out of date or be missing some parts.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=LMS23460.

Topics:
Rights and equality > Privacy
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86: Power to summon persons, or

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

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88: Disclosure of information may be required despite obligation of secrecy, or

“Privacy Commissioner can require disclosure of confidential information with some exceptions”

Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

87Power to require information and documents

  1. At any time during an investigation, the Commissioner may, by notice, require any person to provide—

  2. any information in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation:
    1. any documents or things in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation.

      1. A person who receives a notice under subsection (1) must comply with that notice as soon as practicable, but in no case later than—

      2. the date specified in the notice; or
        1. if no date is specified in the notice, the 20th working day after the date of receipt of the notice.

          1. However, a person may request an extension of the time limit for complying with a notice received under subsection (1) if—

          2. the requirement in the notice relates to, or necessitates a search through, a large quantity of information, documents, or things, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
            1. the consultations necessary before the requirement in the notice can be complied with are such that meeting the original time limit is unreasonable; or
              1. the complexity of the issues raised by the requirement in the notice is such that meeting the original time limit is unreasonable.

                1. A request under subsection (3) must be made to the Commissioner before the expiry of the date in subsection (2)(b) and specify—

                2. the period of the extension sought; and
                  1. the reasons for the extension; and
                    1. any other relevant information.

                      1. The Commissioner must grant a request made under subsection (3) if satisfied that any of the grounds specified in that subsection are established.

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