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Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Appeal against access direction

106: Time for lodging appeal

You could also call this:

“How long you have to appeal an access direction”

If you want to appeal against an access direction, you need to do it within a certain time. You must lodge your appeal with the Tribunal within 20 working days from when you get the notice about the direction. This 20-day period is called the appeal period.

If you miss the appeal period, you might still be able to appeal. You can ask the Chairperson to accept your appeal up to 3 months after the appeal period ends. But you need to explain why you couldn’t appeal in time. The Chairperson will only accept your late appeal if they think there were exceptional circumstances that stopped you from appealing within the normal time.

Remember, the 20-day appeal period starts from the date on the notice you get under section 91(7). This is the notice that tells you about the access direction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23484.

Topics:
Rights and equality > Privacy
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105: Appeal to Tribunal against access direction, or

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Part 5 Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Appeal against access direction

106Time for lodging appeal

  1. An appeal under section 105 must be lodged with the Tribunal within 20 working days from the date of the notice given to the parties under section 91(7) (the appeal period).

  2. The Chairperson may accept an appeal lodged not later than 3 months after the appeal period if, on an application made for that purpose by the party lodging the appeal, the Chairperson is satisfied that exceptional circumstances prevented the appeal from being lodged within the appeal period.