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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

91: Procedure after completion of investigation relating to access to personal information

You could also call this:

"What happens after the Commissioner finishes investigating a complaint about your personal information"

Illustration for Privacy Act 2020

The Commissioner looks into complaints about agencies accessing personal information. You can make a complaint if you think an agency has interfered with your privacy. The Commissioner will investigate and decide if your complaint is valid. If the Commissioner thinks your complaint is valid, they will try to resolve the issue. They might ask the agency to give you access to your personal information or to promise not to do it again. The Commissioner can also give the agency directions on how to access personal information, as stated in section 92. If the issue is not resolved, the Commissioner can take further action. They can refer the complaint to the Director or take other actions they think are appropriate. The Commissioner must tell you what they have decided and why. The Commissioner can also refer the complaint to the Director if the agency has broken a previous agreement. This can happen if the agency has done something they promised not to do, as outlined in the Privacy Act 1993. You will be told about any decisions the Commissioner makes. This includes any directions they give the agency or if they refer the complaint to the Director. The Commissioner will also tell you about any other actions they take to resolve the issue.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23464.

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Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

91Procedure after completion of investigation relating to access to personal information

  1. This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 1 of Part 4 that appears to be an interference with the privacy of an individual.

  2. The Commissioner may,—

  3. in the case of an investigation conducted on a complaint, make a determination that the complaint—
    1. has substance; or
      1. does not have substance; or
      2. in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the matter that is the subject of the investigation—
        1. should be proceeded with; or
          1. should not be proceeded with.

          2. If the Commissioner determines that a complaint has substance and considers it appropriate to do so, the Commissioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 83(1).

          3. If the Commissioner determines that the matter that is the subject of an investigation should be proceeded with and considers it appropriate to do so, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 83(2).

          4. If the complaint or matter has not been resolved despite the Commissioner using best endeavours, the Commissioner may do 1 or more of the following:

          5. make any access direction under section 92 that the Commissioner considers appropriate:
            1. refer the complaint or matter, as the case may be, to the Director:
              1. take any other action that the Commissioner considers appropriate.

                1. Without limiting subsection (5)(b), the Commissioner may refer the complaint or matter, as the case may be, to the Director if the action that is the subject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993.

                2. As soon as practicable, the Commissioner must give notice to the parties of—

                3. any determination made, or not made, under subsection (2) and the reasons for making or not making that determination; and
                  1. any access direction that is made referred to in subsection (5)(a); and
                    1. any referral made under subsection (5)(b) or (6); and
                      1. any other action taken under subsection (5)(c).

                        Notes
                        • Section 91(3): amended, on , by section 123(1) of the Statutes Amendment Act 2025 (2025 No 74).
                        • Section 91(4): amended, on , by section 123(2) of the Statutes Amendment Act 2025 (2025 No 74).
                        • Section 91(5): amended, on , by section 123(3) of the Statutes Amendment Act 2025 (2025 No 74).