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Privacy Act 2020

Sharing, accessing, and matching personal information - Law enforcement information

173: Power to amend Schedule 4 by Order in Council

You could also call this:

"Governor-General can change Schedule 4 with Minister's approval and Privacy Commissioner's input"

You should know about a special power that allows changes to be made to Schedule 4 of the Privacy Act 2020. This is how it works:

The Governor-General can change Schedule 4 by making an Order in Council. But before doing this, the responsible Minister must ask the Privacy Commissioner what they think about it.

The changes that can be made include adding new items to Schedule 4, taking things out, changing what's already there, or even replacing the whole schedule with a new one.

There's one important rule though: the Order in Council can't change any information in Schedule 4 that's described as court records.

If an order is made to change Schedule 4, it's called secondary legislation. This means it has to follow certain rules about how it's published and made official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23626.

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Part 7Sharing, accessing, and matching personal information
Law enforcement information

173Power to amend Schedule 4 by Order in Council

  1. The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner, amend Schedule 4 by—

  2. inserting, repealing, amending, or replacing any item in Schedule 4; or
    1. repealing Schedule 4 and substituting a new schedule.

      1. However, no Order in Council may be made under subsection (1) that amends law enforcement information in Schedule 4 that is described in that schedule as court records.

      2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 173(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).