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

102: Remedies in respect of interference with privacy

You could also call this:

"What to do if someone interferes with your privacy"

Illustration for Privacy Act 2020

If someone thinks their privacy has been interfered with, they can take their complaint to the Tribunal. You can go to the Tribunal if you think someone has done something to interfere with your privacy. The Tribunal will look at the evidence and decide if the person's privacy was interfered with.

If the Tribunal decides that someone's privacy was interfered with, it can give some remedies. The Tribunal can say that what the defendant did was wrong, or it can order the defendant to stop doing what they were doing. It can also order the defendant to pay damages, which is money to compensate for the harm caused, as outlined in section 103.

The Tribunal can also order the defendant to do something to fix the problem, or to pay for any loss or damage caused. It's not a defence to say that the interference was unintentional, but the Tribunal will consider what the defendant did when deciding what to do. The Tribunal will look at what the defendant did and decide what remedy is best.

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 It might be out of date or be missing some parts.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=LMS23477.

Topics:
Rights and equality > Privacy
Previous

101: Onus of proof, or

"They must prove it doesn't affect your privacy"

Next

103: Damages, or

"Getting money back if someone hurts your privacy"

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

102Remedies in respect of interference with privacy

  1. This section applies if proceedings are commenced in the Tribunal in respect of an action that is alleged to be an interference with the privacy of an individual.

  2. If, in the proceedings, the Tribunal is satisfied on the balance of probabilities that any action of the defendant is an interference with the privacy of 1 or more individuals, the Tribunal may grant 1 or more of the following remedies:

  3. a declaration that the action of the defendant is an interference with the privacy of 1 or more individuals:
    1. an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order:
      1. damages in accordance with section 103:
        1. an order that the defendant perform any acts specified in the order with a view to remedying the interference, or redressing any loss or damage suffered by the aggrieved individual or aggrieved individuals as a result of the interference, or both:
          1. any other relief that the Tribunal considers appropriate.

            1. It is not a defence to proceedings that the interference was unintentional or without negligence on the part of the defendant, but the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant.

            Compare