Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
214: Regulations: prescribed countries
or “Rules for sharing personal information with other countries”
You could also call this:

“Additional regulations can be made to support the Privacy Act”

The Governor-General can make regulations for different purposes related to the Privacy Act 2020. These regulations can cover how to give notices under the Act, including to people overseas. They can also specify what a news entity is, what information needs to be in a compliance notice, and what needs to be in reports from lead agencies.

The Minister in charge can recommend making regulations about what counts as a news entity, but only after talking to the Privacy Commissioner. The Minister must also be sure that the body they’re recommending acts independently, encourages news entities to follow good practices (especially about people’s privacy), and has a good way to handle complaints about news activities.

Any regulations made under this section are considered secondary legislation. This means they have to follow certain rules about how they’re published, which you can find in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 216: Repeal and revocation

or “Cancellation of the old Privacy Act and its rules”
Next

Part 9 Miscellaneous provisions
Regulations

215Other regulations

  1. The Governor-General may, by Order in Council, made on the recommendation of the responsible Minister, make regulations for all or any of the following purposes:

  2. providing the procedure for giving, issuing, or serving notices and documents under this Act, including to persons or agencies who are overseas:
    1. prescribing a body as a regulatory body for the purposes of the definition of news entity in section 7(1):
      1. specifying the information to be included in a compliance notice under section 125(1)(e):
        1. prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 155:
          1. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

            1. The responsible Minister may not recommend the making of regulations under subsection (1)(b) unless the Minister—

            2. has consulted with the Commissioner; and
              1. is satisfied that the body—
                1. acts independently in performing its functions and duties; and
                  1. encourages news entities to develop and observe principles, standards, or codes of conduct appropriate to the type of news activity undertaken by the entities, particularly principles, standards, or codes of conduct in relation to the privacy of individuals; and
                    1. has a proper procedure for receiving and dealing with complaints about news activities.

                    2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Compare
                    Notes
                    • Section 215(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 215(3): amended, on , by regulation 85 of the Legislation Act (Amendments to Legislation) Regulations 2021 (SL 2021/247).