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198: Appeals against transfer prohibition notice
or “How to challenge a notice that stops you from sending personal information overseas”

You could also call this:

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

If you want to take legal action under section 198, you need to know that most of Part 4 of the Human Rights Act 1993 will apply to your case. This means the rules and procedures from that part of the Human Rights Act will be used in your case, just as if you were taking action under the Human Rights Act itself. However, there are a few parts of the Human Rights Act that won’t apply to your case. These are section 97, section 108A, and section 108B. You don’t need to worry about those sections for your case.

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Next up: 200: Power to amend Schedule 8 by Order in Council

or “Governor-General can update or replace rules in Schedule 8”

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

199Application of Human Rights Act 1993

  1. Part 4 of the Human Rights Act 1993 (except sections 97, 108A, and 108B) applies in relation to proceedings under section 198 as if they were proceedings under that Act.

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