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Privacy Act 2020

Prohibiting onward transfer of personal information received in New Zealand from overseas

198: Appeals against transfer prohibition notice

You could also call this:

"Challenging a transfer prohibition notice: how to appeal a decision you think is wrong or unfair"

Illustration for Privacy Act 2020

If you get a transfer prohibition notice, you can appeal to the Tribunal. You can appeal against all or part of the notice. You can also appeal if the notice includes a statement by the Commissioner, or if the Commissioner decides to change the notice.

You can appeal against the Commissioner's decision to refuse a change or cancellation of the notice. You must lodge your appeal within 15 working days of getting the notice or the Commissioner's decision.

The Tribunal will allow your appeal if they think the Commissioner's decision was wrong or unfair. The Tribunal can review the facts the Commissioner used to make their decision.

If you appeal against a statement in the notice, the Tribunal can direct that the statement be removed or ignored. The Tribunal can make changes to the notice to follow their direction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23678.

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"Breaking a transfer prohibition notice can lead to a fine of up to $10,000."

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Part 8Prohibiting onward transfer of personal information received in New Zealand from overseas

198Appeals against transfer prohibition notice

  1. An agency on whom a transfer prohibition notice is served may appeal to the Tribunal—

  2. against all or any part of the notice; or
    1. if the notice contains a statement by the Commissioner in accordance with section 195(5)(c), against the decision to include that statement in respect of all or any part of the notice; or
      1. against the decision of the Commissioner to vary the notice in accordance with section 196(1); or
        1. against the refusal of an application under section 196(2) to vary or cancel the notice.

          1. An appeal under subsection (1) must be lodged,—

          2. in the case of an appeal under subsection (1)(a) or (b), within 15 working days from the date on which the transfer prohibition notice was served on the agency concerned:
            1. in the case of an appeal under subsection (1)(c) or (d), within 15 working days from the date on which notice of the decision or refusal was served on the agency concerned.

              1. The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that—

              2. the decision or notice against which the appeal is brought is not in accordance with the law; or
                1. to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised the discretion differently.

                  1. The Tribunal may review any determination of fact on which the decision or notice in question was based.

                  2. On any appeal under subsection (1)(b), the Tribunal may—

                  3. direct—
                    1. that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or
                      1. that the inclusion of the statement must not have effect in relation to any part of the notice; and
                      2. make any modifications required to give effect to that direction.

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