Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

153: When requirement to give notice of adverse action applies

You could also call this:

"When you must tell someone before taking action against them"

You have to give notice under section 152, unless an approved information sharing agreement says you can give a shorter notice or no notice at all. You can check what section 152 says by looking at the section 152 link. If the agreement does not say what to do, you can ask the Commissioner for permission to give a shorter notice or no notice.

If you ask the Commissioner, they might let you give a shorter notice than the usual 10 working days, as stated in section 152(2)(b). The Commissioner might also let you not give any notice at all. You can find more information about this by looking at the related link.

You need to follow the rules about giving notice when taking adverse action, and these rules can be found in the related section.

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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=LMS23586.

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departmentsRights and equality > Anti-discrimination

152: Requirement to give notice of adverse action, or

"Telling you before taking action against you because of your personal information"

154: Responsibilities of lead agency, or

"What the main agency must do when sharing information"

Part 7Sharing, accessing, and matching personal information
Information sharing

153When requirement to give notice of adverse action applies

The requirement to give notice under section 152 applies unless—
an approved information sharing agreement provides that a party to the agreement may—
1. give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or
2. dispense with the giving of the notice; or
if an approved information sharing agreement does not include a provision of the kind specified in paragraph (a), the Commissioner, on the application of a party to an approved information sharing agreement, allows the party in the circumstances of a particular case to—
1. give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or
2. dispense with the giving of the notice.

Compare

1993 No 28 s 96R