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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 the Tribunal can do if someone interferes with your privacy”

If someone does something that interferes with your privacy, you can take them to a special court called the Tribunal. If the Tribunal agrees that your privacy was interfered with, they can do several things to help you.

The Tribunal can officially say that what happened was wrong and that it interfered with your privacy. They can also order the person to stop doing what they did and not do it again.

If you’ve been hurt by what happened, the Tribunal can make the person pay you money to make up for it. They can also tell the person to do specific things to fix the problem or to make up for any harm you experienced.

The Tribunal has the power to give any other kind of help they think is right for your situation.

It doesn’t matter if the person didn’t mean to interfere with your privacy or if it was an accident. The Tribunal will still look at what happened, but they will consider how the person behaved when deciding what to do about it.

Section 103 has more information about how much money you might get if your privacy was interfered with.

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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
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103: Damages, or

“How you can get compensation if someone interferes with your privacy”

Part 5 Complaints, 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.

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