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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

90: Disclosed information privileged

You could also call this:

“Information provided to the Commissioner is protected and privileged”

When you provide information, documents, or things during an investigation or hearing by the Commissioner, they are protected just like they would be in a court case.

The Commissioner, people who work for the Commissioner, and the Director don’t have to give evidence in court about what they learn while doing their job under this law. However, they might have to give evidence if someone is accused of certain crimes like perjury, false statements, or trying to stop someone from giving evidence.

If the Commissioner writes a report about their work, it’s treated as an official report. This means it has special protection against claims of defamation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23463.

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Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

90Disclosed information privileged

  1. Any information, document, or thing provided by a person in the course of an investigation by the Commissioner, or during any hearing before the Commissioner, is privileged in the same manner as if the investigation or hearing were proceedings in a court.

  2. The following persons may not be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in performing or exercising their functions, duties, or powers under this Act:

  3. the Commissioner, or any person who has held the appointment of Commissioner:
    1. a person who is employed or engaged, or who has been employed or engaged, by the Commissioner:
      1. the Director.

        1. Subsection (2) does not apply in respect of proceedings for—

        2. an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
          1. the offence of conspiring to commit an offence against any of the provisions listed in paragraph (a); or
            1. the offence of attempting to commit an offence against any of the provisions listed in paragraph (a).

              1. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report of the Commissioner under this Act is taken to be an official report.

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