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Privacy Act 2020

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

107: Interim order suspending Commissioner’s direction pending appeal

You could also call this:

“Chairperson can temporarily pause a direction during an appeal”

If someone appeals against an access direction, the Chairperson of the Tribunal can pause the direction until the appeal is decided. They can do this if they think it’s necessary and fair.

If the Chairperson pauses the direction, any party involved can ask the High Court to change or cancel this pause. But you can’t do this if you agreed to the pause in the first place.

To ask the High Court to change or cancel the pause, you need permission from the Chairperson. You can do this instead of appealing against the pause under section 123(1) of the Human Rights Act 1993, but not both.

The Chairperson can pause the direction even if they or a Deputy Chairperson have already made a different kind of pause under section 95 of the Human Rights Act 1993. The High Court can change or cancel both types of pauses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23485.

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Rights and equality > Privacy
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106: Time for lodging appeal, or

“How long you have to appeal an access direction”

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108: Determination of appeal, or

“How the Tribunal decides appeals against access directions”

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

107Interim order suspending Commissioner’s direction pending appeal

  1. The Chairperson of the Tribunal may make an interim order suspending an access direction until an appeal is determined if the Chairperson is satisfied that it is necessary and in the interests of justice to make the order.

  2. If an interim order is made under subsection (1), a party may apply to the High Court to vary or rescind the order, unless the order was made with that party's consent.

  3. An application under subsection (2) may be—

  4. made only with the leave of the Chairperson:
    1. made instead of, but not as well as, an appeal against the interim order under section 123(1) of the Human Rights Act 1993.

      1. An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 (that may be varied or rescinded by the High Court under section 96 of that Act).

      Notes
      • Section 107(2): amended, on , by section 95(1) of the Statutes Amendment Act 2022 (2022 No 75).
      • Section 107(4): inserted, on , by section 95(2) of the Statutes Amendment Act 2022 (2022 No 75).