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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:

“Outcomes and costs of privacy legal cases”

If you’re involved in legal proceedings about privacy, the Tribunal can make different decisions depending on the type of case.

For enforcement proceedings, the Tribunal can order an agency to follow a compliance notice by a certain date. They can also tell the agency to do specific things by a set date, like reporting to the Commissioner about how they’re following the notice.

In appeals, the Tribunal can change, cancel, or confirm a compliance notice. They can also change, overturn, or confirm a decision.

In both types of cases, the Tribunal can decide who pays the costs.

If the Tribunal orders someone to pay costs, this can be enforced in the District Court, just like any other court order.

If an agency doesn’t follow the Tribunal’s order or a confirmed compliance notice without a good reason, they’re breaking the law. They could be fined up to $10,000 if found guilty.

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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 > Privacy
Crime and justice > Courts and legal help
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132: Interim order suspending compliance notice pending appeal, or

“Temporarily pausing a compliance notice while you appeal it”

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134: Application of Human Rights Act 1993, or

“How the Human Rights Act applies to legal proceedings under this law”

Part 6 Notifiable 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.

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