Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices - Proceedings

133: Remedies, costs, and enforcement

You could also call this:

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

Illustration for Privacy Act 2020

If you go to the Tribunal about a privacy issue, they can make some decisions. The Tribunal can tell an agency to do something by a certain date, like follow a compliance notice. They can also tell an agency to do a specific task, like report back to the Commissioner. The Tribunal can make these decisions when an agency is not following the rules, as stated in section 130, or when you appeal a decision, as stated in section 131. The Tribunal can also decide who pays the costs of going to the Tribunal.

If the Tribunal decides you should get costs, you can take their decision to the District Court to get the money. The Tribunal's decision is like a court order, so you can use it to get what you are owed. If an agency does not follow the Tribunal's order without a good reason, they can get in trouble and have to pay a fine of up to $10,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS23526.

Topics:
Rights and equality > Anti-discriminationRights and equality > PrivacyCrime and justice > Police and safetyMoney and consumer rights > Consumer protection
Previous

132: Interim order suspending compliance notice pending appeal, or

"Stopping a compliance notice while you appeal"

Next

134: Application of Human Rights Act 1993, or

"Your human rights are protected under the Privacy Act 2020, with some exceptions."

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

133Remedies, costs, and enforcement

  1. The Tribunal may,—

  2. in enforcement proceedings under section 130, grant 1 or both of the following remedies:
    1. an order that the agency comply with a compliance notice by a date specified in the order (which may vary from the date originally stated in the notice):
      1. an order that the agency perform any act specified in the order by a date specified in the order (for example, reporting to the Commissioner on progress in complying with the compliance notice):
      2. in an appeal under section 131, grant 1 or both of the following remedies:
        1. an order that confirms, cancels, or modifies the compliance notice; or
          1. an order that confirms, overturns, or modifies the decision:
          2. in either type of proceeding, award costs as the Tribunal considers appropriate.

            1. An award of costs may, on registration of a certified copy of the Tribunal’s decision, be enforced in the District Court as if it were an order of that court.

            2. An agency that, without reasonable excuse, fails to comply with an order under subsection (1)(a) or with a compliance notice that is confirmed or modified under subsection (1)(b)(i) commits an offence and is liable on conviction to a fine not exceeding $10,000.

            Compare