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Privacy Act 2020

Miscellaneous provisions - General

209: Exclusion of public interest immunity

You could also call this:

"When secrets can be shared for the public's safety, but not always"

Illustration for Privacy Act 2020

You have the right to get information, even if it is normally kept secret for the public's safety. This rule does not apply when the Commissioner or the Tribunal is investigating something under the Privacy Act 2020. It also does not apply when someone is asking for a review of a decision under the Privacy Act 2020 using the Judicial Review Procedure Act 2016.

If you are not normally allowed to have some information, you still cannot get it, even with this rule. This rule only talks about when secrets can be shared, it does not change other rules about sharing information. It does not affect sections 44(2)(d) and 47 of the Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23691.

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Part 9Miscellaneous provisions
General

209Exclusion of public interest immunity

  1. The rule of law that authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest does not apply in respect of—

  2. any investigation by or proceedings before the Commissioner or the Tribunal under this Act; or
    1. any application under the Judicial Review Procedure Act 2016 for the review of any decision under this Act.

      1. Subsection (1) does not entitle any person to any information that the person would not be entitled to otherwise than under this section.

      2. Subsection (1) does not limit sections 44(2)(d) and 47.

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