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Privacy Act 2020

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

110: Costs

You could also call this:

"Who pays the costs when there's a dispute about privacy"

Illustration for Privacy Act 2020

If you are involved in a case under sections like section 97, 98, 104, or 105, the Tribunal can decide who pays costs. You might have to pay costs even if the Tribunal does not make any other decision. The Tribunal's decision about costs is separate from its other decisions.

If the Director has to pay costs, the Commissioner pays them. This means the Commissioner is responsible for paying costs when the Director is ordered to pay.

The Commissioner cannot ask someone who is affected by a decision to repay the costs the Commissioner has to pay. The Commissioner is responsible for paying these costs without getting help from someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23489.

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Rights and equality > PrivacyCrime and justice > Courts and legal help
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Part 5Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Miscellaneous

110Costs

  1. In any proceedings under section 97, 98, 104, or 105, the Tribunal may award costs against either party whether or not it makes any other order.

  2. If, in any proceedings before the Tribunal or a court, costs are ordered to be paid by the Director, those costs must be paid by the Commissioner.

  3. The Commissioner is not entitled to be indemnified by an aggrieved individual in respect of any costs the Commissioner is required to pay under subsection (2).

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