Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

96: Commissioner to report breach of duty or misconduct

You could also call this:

"The Commissioner must report if someone from an agency does something wrong."

Illustration for Privacy Act 2020

If you are looking at how the Commissioner handles complaints, they have a job to do. The Commissioner must tell the right people if they think someone from an agency has done something wrong. This happens when the Commissioner finds evidence of a big mistake or bad behaviour by someone from an agency during or after they investigate something.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23469.


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95: Special procedure relating to intelligence and security agency, or

"What happens when you complain about a spy agency and they might have broken privacy rules"


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97: Director may commence proceedings in Tribunal, or

"The Director can take complaints to a special court called the Tribunal to help fix privacy problems."

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

96Commissioner to report breach of duty or misconduct

  1. If, during or after an investigation, the Commissioner is of the opinion that there is evidence of any significant breach of duty or misconduct on the part of an agency, or an officer, an employee, or a member of an agency, the Commissioner must refer the matter to the appropriate authority.

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