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197: Offence in relation to transfer prohibition notice
or “Breaking the rules about sending personal information overseas”
You could also call this:

“How to challenge a notice that stops you from sending personal information overseas”

If you receive a transfer prohibition notice, you can appeal against it to the Tribunal. You can appeal against all or part of the notice, or against specific decisions made by the Commissioner about the notice.

You must make your appeal within 15 working days from when you received the notice or decision. The exact deadline depends on what you’re appealing against.

The Tribunal can change the decision or notice if they think it’s not following the law or if they believe the Commissioner should have made a different choice. They can look at the facts that the Commissioner used to make their decision.

If you’re appealing against a statement in the notice, the Tribunal can decide that the statement shouldn’t be included in all or part of the notice. They can make changes to make this happen.

The Tribunal has the power to review the facts that were used to make the original decision or notice.

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Next up: 199: Application of Human Rights Act 1993

or “How the Human Rights Act applies to legal action under the Privacy Act”
Next

Part 8 Prohibiting 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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