Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

96: Commissioner to report breach of duty or misconduct

You could also call this:

“Commissioner must report serious wrongdoing or negligence by agencies”

If the Commissioner thinks there’s proof that an agency, or someone who works for an agency, has done something very wrong or hasn’t done their job properly, they need to tell someone about it. This can happen while they’re looking into something or after they’ve finished. The Commissioner has to tell the right people who can deal with the problem. This is part of the Commissioner’s job to make sure agencies follow the rules and do the right thing.

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 It might be out of date or be missing some parts.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=LMS23469.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
Previous

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

“Special rules for handling privacy complaints about intelligence agencies”

Next

97: Director may commence proceedings in Tribunal, or

“Director can take privacy complaints to the Tribunal”

Part 5 Complaints, 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.

Compare