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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:

“Steps after investigating charges for information requests”

After the Commissioner finishes looking into a problem about charges for information requests, they need to follow some steps. If you asked for information and think the agency charged you too much or wrongly, here’s what happens:

The Commissioner tries to help both sides agree. If that doesn’t work, they can decide if the charge was right or wrong, and if it was fair or not. They might even say what a fair charge should be.

The Commissioner tells everyone involved what they’ve decided as soon as they can. Once the Commissioner makes a decision about whether the charge was right or fair, no one can argue about it in the Tribunal.

If the Commissioner says the charge should be lower, but the agency doesn’t want to lower it that much, then it’s treated as if the agency has interfered with your privacy. The Commissioner can then take steps to deal with this problem.

Throughout this process, the Commissioner follows rules set out in other parts of the Privacy Act 2020. If you want to know more about these rules, you can look at the sections mentioned in the original text.

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 It might be out of date or be missing some parts.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=LMS23465.

Topics:
Rights and equality > Privacy
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92: Access direction, or

“The Commissioner can instruct agencies on how to provide access to your personal information”

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94: Procedure after completion of other investigations, or

“What happens after an investigation is completed”

Part 5 Complaints, 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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