Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices - Proceedings

132: Interim order suspending compliance notice pending appeal

You could also call this:

“Temporarily pausing a compliance notice while you appeal it”

If you appeal a compliance notice, the Chairperson can pause all or part of it until your appeal is decided. They will do this if they think it’s necessary and fair.

If the Chairperson pauses the notice, you or the other party can ask the High Court to change or cancel this pause. But you can’t do this if you agreed to the pause in the first place.

To ask the High Court to change or cancel the pause, you need permission from the Tribunal first. You can choose to do this instead of appealing the pause decision, but you can’t do both.

The Chairperson can pause the compliance notice even if they or a Deputy Chairperson have already made a different kind of pause order under section 95 of the Human Rights Act 1993. The High Court can change both types of pause orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23525.

Topics:
Rights and equality > Privacy
Crime and justice > Courts and legal help
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131: Appeal against compliance notice or Commissioner’s decision to vary or cancel notice, or

“You can challenge a compliance notice or changes to it”

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“Outcomes and costs of privacy legal cases”

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

132Interim order suspending compliance notice pending appeal

  1. The Chairperson may make an interim order suspending all or part of a compliance notice until an appeal is determined if satisfied that it is necessary and in the interests of justice to make the order.

  2. If an interim order is made, a party may apply to the High Court to vary or rescind the order, unless the order was made under subsection (1) with that party's consent.

  3. An application under subsection (2) may be—

  4. made only with the leave of the Tribunal:
    1. made instead of, but not as well as, an appeal against the interim order under section 123(1) of the Human Rights Act 1993.

      1. An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 (that may be varied or rescinded by the High Court under section 96 of that Act).

      Compare
      Notes
      • Section 132(2): amended, on , by section 99(1) of the Statutes Amendment Act 2022 (2022 No 75).
      • Section 132(4): inserted, on , by section 99(2) of the Statutes Amendment Act 2022 (2022 No 75).