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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

84: Referral of complaint to Director without completing investigation

You could also call this:

"The Commissioner can pass your complaint to the Director without a full investigation if they can't resolve it with the agency."

Illustration for Privacy Act 2020

The Commissioner can send your complaint to the Director without looking into it further if they cannot reach an agreement with the agency under section 83. You made a complaint and the Commissioner is trying to sort it out. The Commissioner can also send your complaint to the Director if the agency did not do what they promised to do.

The Commissioner can send your complaint to the Director if the agency did something wrong that broke a promise they made earlier. This promise could have been made under this Act or the Privacy Act 1993. You are affected by what the agency did and the Commissioner is trying to help you.

The Commissioner has the power to decide what to do with your complaint and when to send it to the Director.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50884.

Topics:
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83: Exploring possibility of settlement and assurance during investigation, or

"Trying to fix the problem and prevent it from happening again during an investigation"

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85: Compulsory conferences of parties to complaint, or

"When you complain, the Commissioner might call a meeting with you and others to help resolve the issue."

Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

84Referral of complaint to Director without completing investigation

  1. The Commissioner may refer the complaint or the matter that is the subject of the investigation to the Director without conducting any further investigation if—

  2. the Commissioner is unable to secure a settlement or a satisfactory assurance under section 83; 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 or that gave rise to the investigation 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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