Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices - Proceedings

130: Enforcement of compliance notice

You could also call this:

"What happens if you don't follow a compliance notice about fixing a privacy problem"

If you get a compliance notice, the Commissioner can take you to the Tribunal if you do not appeal the notice within the given time. The Commissioner can also take you to the Tribunal if they think you have not fixed the problem or will not fix it, or if you have not reported back to them about the steps you have taken to fix the problem. You can only object to the enforcement of the notice if you think you have already done what the notice says.

The Tribunal will not look at whether the compliance notice was correct or not, but they can check if you have done what the notice says. They can also order you to do something to fix the problem, as stated in section 133(1)(a).

The Tribunal's Chairperson can usually hear the case alone, but they might decide it is better for the whole Tribunal to hear it if the issues are complicated.

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This page was last updated on 6 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23523.

Topics:

Rights and equality > PrivacyCrime and justice > Courts and legal help

129: Publication of details of compliance notice, or

"Commissioner can publish details about compliance notices if it's in the public interest"

131: Appeal against compliance notice or Commissioner’s decision to vary or cancel notice, or

"Challenging a compliance notice: how to appeal a decision you don't agree with"

Part 6Notifiable privacy breaches and compliance notices
Compliance notices: Proceedings

130Enforcement of compliance notice

The Commissioner may take enforcement proceedings in the Tribunal—
if the time for an appeal under section 131 has passed and no appeal has been lodged against a compliance notice; and
if—
1. the Commissioner has reason to believe that the agency has not remedied or will not remedy the breach (if applicable, by the date stated in the notice); or
2. the agency has failed to report to the Commissioner on the steps taken to remedy the breach by the date stated in the notice.

An agency may object to enforcement of a compliance notice only on the ground that the agency believes that the notice has been fully complied with.
In proceedings under this section, the Tribunal—
must not examine or make any determination about the issuing or merits of a compliance notice:
may examine and make a determination about whether a compliance notice has been fully complied with:
may order a remedy under section 133(1)(a).

Proceedings under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the proceedings to be heard by the Tribunal.

Compare

1988 No 110 s 45