Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Proceedings in relation to complaints or investigations

99: Right of Director to appear in proceedings commenced under section 98

You could also call this:

"The Director can take part in court cases related to privacy problems"

Illustration for Privacy Act 2020

The Director can appear in person or with a lawyer in proceedings started under section 98 in the Tribunal. You can think of the Tribunal like a special court that helps solve problems. The Director can also appear in court proceedings related to the Tribunal case.

When the Director appears in proceedings, they have the same rights as the other parties involved. This means the Director can call evidence, examine witnesses, and ask them questions. The Tribunal or court can order someone to pay the Director's costs, or the Director might have to pay the costs of the other parties.

If the Director chooses not to appear, the Commissioner can appear instead. The Commissioner would have the same rights as the Director. There are some other rules that are not affected by this section, like section 110(1) and the court's power to award costs.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23474.

Topics:
Rights and equality > PrivacyCrime and justice > Courts and legal help
Previous

98: Aggrieved individuals may commence proceedings in Tribunal, or

"You can take your complaint to the Tribunal if you're unhappy with the Commissioner's decision."

Next

100: Apology not admissible except for assessment of remedies, or

"An apology for privacy issues can't be used as evidence, except when deciding compensation"

Part 5Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Proceedings in relation to complaints or investigations

99Right of Director to appear in proceedings commenced under section 98

  1. The Director may appear and be heard in person or by a lawyer—

  2. in any proceedings commenced in the Tribunal under section 98; and
    1. in proceedings commenced in any court relating to the proceedings commenced in the Tribunal under this Part.

      1. If the Director appears in any proceedings,—

      2. the Director has the same rights as the parties to the proceedings to—
        1. call evidence on any matter; and
          1. examine, cross-examine, and re-examine witnesses; and
          2. the Tribunal or court may order—
            1. any party to pay the costs incurred by the Director by reason of the Director’s appearance; or
              1. the Director to pay the costs incurred by any or all of the parties by reason of the Director’s appearance.

              2. If the Director declines to appear and be heard in any proceedings,—

              3. the Commissioner may instead appear and be heard in the proceedings; and
                1. subsection (2) applies to the Commissioner in the same way as it applies to the Director.

                  1. Nothing in this section limits or affects—

                  2. section 110(1); or
                    1. any power of a court to award costs in any proceedings to which the Director is a party.

                      Compare