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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:

“Government can update Schedule 4, except court records, with approval”

The Governor-General can change Schedule 4 by making an Order in Council. To do this, the responsible Minister must recommend it after talking with the Privacy Commissioner. They can add, remove, change, or replace items in Schedule 4. They can even replace all of Schedule 4 with a new one.

But there’s a rule: they can’t change the law enforcement information in Schedule 4 that’s described as court records.

If they make an order to change Schedule 4, it’s called secondary legislation. This means it needs to follow the rules in Part 3 of the Legislation Act 2019 about how to publish it.

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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.

Topics:
Rights and equality > Privacy
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Part 7 Sharing, 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).