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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 or Commissioner can join and speak in privacy-related cases”

The Director can join in and speak at any meetings that happen because someone started a case under section 98. This includes meetings at the Tribunal and in court. You can think of the Director as a special person who helps make sure everything is fair.

When the Director joins these meetings, they can do the same things as the people who started the case. They can bring in evidence, ask questions to witnesses, and even ask questions again. The Tribunal or court might tell someone to pay for the costs of the Director being there. Or, they might tell the Director to pay for other people’s costs.

If the Director doesn’t want to come to the meeting, the Commissioner can come instead. The Commissioner can do all the same things the Director could do.

This doesn’t change any other rules about who pays for costs in court. It also doesn’t change the rule in section 110(1).

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 It might be out of date or be missing some parts.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=LMS23474.

Topics:
Rights and equality > Privacy
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98: Aggrieved individuals may commence proceedings in Tribunal, or

“You can take your privacy complaint to the Human Rights Review Tribunal”

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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 5 Complaints, 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.

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