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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:

"Stopping a compliance notice while you appeal"

Illustration for Privacy Act 2020

If you get a compliance notice, the Chairperson can make an order to stop it until your appeal is decided. They can do this if they think it is necessary and fair. You can then apply to the High Court to change or cancel this order.

If the Chairperson makes an order, you might need to ask the Tribunal for permission to apply to the High Court. You can apply to the High Court instead of appealing the order under section 123(1) of the Human Rights Act 1993. The High Court can change or cancel the order.

The Chairperson can make an order even if someone else has already made a similar order under section 95 of the Human Rights Act 1993. The High Court can also change or cancel orders made under section 95 or section 96 of that Act. This means you have options to review or change the orders that affect you.

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This page was last updated on

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

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

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"What happens if someone breaks privacy rules: fixing the problem and who pays"

Part 6Notifiable 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 An interim order may be made under subsection (1) (and varied or rescinded by the High Court under subsection (2)) whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the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).