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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

93: Procedure after completion of investigation relating to charging

You could also call this:

"What happens after the Commissioner finishes checking if an agency charged you too much for information"

Illustration for Privacy Act 2020

When the Commissioner finishes investigating an agency, you will know what happens next. The Commissioner looks at if an agency charged you too much for a request under subpart 1 or subpart 2 of Part 4. The Commissioner checks if the charge is against section 66 or unreasonable.

If the Commissioner and the agency cannot agree, the Commissioner makes a decision. The Commissioner decides if the charge is properly imposed, improperly imposed, reasonable, or unreasonable. The Commissioner tells you and the agency what they decided.

If the Commissioner decides the charge is unreasonable, they can also decide what a fair charge would be. The Commissioner must tell you and the agency about their decision as soon as possible. The Commissioner's decision is final, and you or the agency cannot take it to the Tribunal.

If the agency does not agree with the Commissioner's decision, the Commissioner can take action. The Commissioner can do what section 91(5) says if the agency does not reduce the charge. The agency's charge can be treated as an interference with your privacy for the purposes of section 69(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23465.

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94: Procedure after completion of other investigations, or

"What happens after the Commissioner finishes investigating a complaint about privacy"

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

93Procedure after completion of investigation relating to charging

  1. This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 3 of Part 4 that appears to be an interference with the privacy of an individual because, in relation to a request made by the individual under subpart 1 or 2 of Part 4, the agency has imposed a charge that is—

  2. contrary to section 66; or
    1. unreasonable.

      1. If it has not been possible to secure a settlement, the Commissioner may make a determination that the charge imposed by the agency is—

      2. properly imposed:
        1. improperly imposed:
          1. reasonable:
            1. unreasonable.

              1. If the Commissioner makes a determination under subsection (2)(d), the Commissioner may also determine the appropriate charge for the agency to impose.

              2. As soon as practicable, the Commissioner must notify the parties to any determination made, or not made, under subsection (2) or (3).

              3. A determination made by the Commissioner under subsection (2) is final and binding and no proceedings may be commenced in the Tribunal by the parties in respect of that determination.

              4. If the Commissioner makes a determination under subsection (3) and the agency does not agree to reduce the charge it has imposed to the amount determined by the Commissioner to be appropriate (or less),—

              5. the imposition of the charge is treated as an interference with the privacy of an individual for the purposes of section 69(3); and
                1. the Commissioner may take 1 or more of the actions specified in section 91(5).

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