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Privacy Act 2020

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

111: Certain provisions of Human Rights Act 1993 to apply

You could also call this:

“Rules from the Human Rights Act apply to some Privacy Act proceedings”

Some parts of the Human Rights Act 1993 apply to certain proceedings under the Privacy Act 2020. These proceedings are those under section 97, 98, 104, or 105 of the Privacy Act 2020.

The parts of the Human Rights Act 1993 that apply are sections 92Q to 92W and most of Part 4. However, there are some exceptions to which parts of the Human Rights Act apply, depending on which section of the Privacy Act 2020 the proceedings are under.

For proceedings under sections 97, 98, or 104 of the Privacy Act 2020, sections 97, 108A, and 108B of the Human Rights Act 1993 do not apply.

For proceedings under section 105 of the Privacy Act 2020, sections 97, 108A, and 108B of the Human Rights Act 1993 do apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23490.

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Rights and equality > Privacy
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Part 5 Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Miscellaneous

111Certain provisions of Human Rights Act 1993 to apply

  1. Except to the extent modified by this subpart, the provisions of the Human Rights Act 1993 specified in subsection (2) apply to proceedings under section 97, 98, 104, or 105 of this Act as if they were proceedings under the Human Rights Act 1993.

  2. The provisions of the Human Rights Act 1993 referred to in subsection (1) are—

  3. sections 92Q to 92W; and
    1. Part 4, except—
      1. sections 97, 108A, and 108B, in relation to proceedings commenced under section 97, 98, or 104 of this Act; and
        1. sections 97, 108A, and 108B in relation to proceedings commenced under section 105 of this Act.

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        Notes
        • Section 111(2)(b)(ii): amended, on , by section 96 of the Statutes Amendment Act 2022 (2022 No 75).