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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:

“How costs are handled in privacy-related legal proceedings”

In legal proceedings about privacy, the Tribunal can make someone pay for the costs of the case, even if no other decision is made. This applies to cases mentioned in section 97, 98, 104, or 105.

If the Director is told to pay costs in a case at the Tribunal or in court, the Commissioner has to pay those costs instead.

The Commissioner can’t ask the person who complained to pay back any costs that the Commissioner had to pay because of this rule.

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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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Part 5 Complaints, 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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