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Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Access order

104: Enforcement of access direction

You could also call this:

“How the Tribunal can enforce an agency's compliance with an access direction”

If an agency doesn’t follow an access direction or appeal it, you can ask the Tribunal for an access order. This order will make the agency follow the direction. The Tribunal will set a date by which the agency must comply.

The Chairperson can hear your request alone, unless they think the Tribunal should hear it because of the issues involved.

If an agency doesn’t follow an access order without a good reason, they’re breaking the law. They could be fined up to $10,000 if found guilty.

When the Tribunal gives an access order, they will tell the agency when they need to follow the access direction by.

You can find more information about appealing an access direction in section 105 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23480.

Topics:

Rights and equality > Privacy

103: Damages, or

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

105: Appeal to Tribunal against access direction, or

“You can ask the Tribunal to review a decision about showing information”

Part 5 Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Access order

104Enforcement of access direction

If an agency has not complied with an access direction, or lodged an appeal under section 105, an aggrieved individual may apply to the Tribunal for an access order requiring the agency to comply with the access direction.
If the Tribunal grants an application, the Tribunal must specify in the access order the date by which the agency must comply with the access direction.
An application under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the application to be heard by the Tribunal.
An agency that, without reasonable excuse, fails to comply with an access order commits an offence and is liable on conviction to a fine not exceeding $10,000.