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Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

78: Referral of complaint to Director without conducting investigation

You could also call this:

“When the Commissioner can send a complaint to the Director without investigating”

The Commissioner can send a complaint to the Director without looking into it first in three situations. First, if the Commissioner can’t get the people involved to agree or promise to fix the problem. Second, if it looks like someone isn’t following an agreement they made earlier to solve the issue. Third, if it seems that the thing people are complaining about goes against a previous agreement or promise made under this law or the old Privacy Act from 1993. When the Commissioner refers to the Director, it means they’re passing the complaint to someone else to handle.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50883.

Topics:
Rights and equality > Privacy
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77: Exploring possibility of settlement and assurance without investigating complaint, or

“Trying to resolve complaints before starting an investigation”

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79: Application of this subpart, or

“When the Privacy Commissioner can investigate issues”

Part 5 Complaints, investigations, and proceedings
Complaints

78Referral of complaint to Director without conducting investigation

  1. The Commissioner may refer a complaint to the Director without conducting an investigation if—

  2. the Commissioner is unable to secure a settlement or a satisfactory assurance under section 77; or
    1. it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or
      1. it appears that the action that is the subject of the complaint was done in contravention of any term of settlement or an assurance previously secured under this Act or the Privacy Act 1993.

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