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Privacy Act 2020

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

108: Determination of appeal

You could also call this:

“How the Tribunal decides appeals against access directions”

When you appeal against an access direction, the Tribunal can ask the Commissioner to give them a written report. This report explains what the Commissioner thought about when making the access direction. The Tribunal can also ask for any other information the Commissioner has about making the access direction.

If there’s a hearing for your appeal, the Commissioner can come to the hearing or send someone to speak for them. But if your appeal is decided just by looking at papers, there won’t be a hearing.

After looking at everything, the Tribunal can decide to do one of three things: they can say the access direction was right and keep it the same, they can change the access direction a bit, or they can say the access direction was wrong and reverse it completely.

The Tribunal can also give you money (called damages) if they think you should get it. They decide this based on section 103 of the 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=LMS23487.

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

108Determination of appeal

  1. The Tribunal may require the Commissioner to provide either or both of the following:

  2. a written report setting out the considerations to which the Commissioner had regard in making the access direction:
    1. any information held by the Commissioner relating to the making of the access direction that is required to determine the appeal.

      1. At the hearing of an appeal (other than an appeal determined on the papers), the Commissioner is entitled to appear in person, or by a representative, and be heard.

      2. The Tribunal may determine an appeal by—

      3. confirming the direction appealed against:
        1. modifying the direction appealed against:
          1. reversing the direction appealed against.

            1. The Tribunal may award damages in accordance with section 103.