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Customer and Product Data Act 2025

Preliminary provisions - Territorial application of Act

11: Territorial application of Act

You could also call this:

“Where the law applies and who it affects”

This law applies to how organisations handle certain types of customer and product information. It covers both New Zealand organisations and overseas organisations that do business in New Zealand.

For New Zealand organisations, the law applies to how they handle this information no matter where they are. For overseas organisations, it applies when they’re doing business in New Zealand.

It doesn’t matter where the information was collected, where it’s kept, or where the customer or product is. The law still applies.

An overseas organisation can be seen as doing business in New Zealand even if it’s not trying to make money, doesn’t have an office here, or doesn’t charge for its services.

The law also covers anything that happens in New Zealand, even if it’s only partly in New Zealand.

When the law talks about ‘New Zealand agencies’ and ‘overseas agencies’, it uses the same meanings as in another law called 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=LMS721942.

Topics:
Rights and equality > Privacy Money and consumer rights > Consumer protection Business > Industry rules
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10: Regulated data service, or

"A company that shares information or does specific tasks as part of the Customer and Product Data Act"

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12: Transitional, savings, and related provisions, or

"Special rules to help the law work smoothly when changes happen"

Part 1 Preliminary provisions
Territorial application of Act

11Territorial application of Act

  1. This Act applies to—

  2. a New Zealand agency (A), in relation to any conduct by A (whether or not while A is, or was, present in New Zealand) in respect of designated customer data or designated product data held by or on behalf of A:
    1. an overseas agency (B), in relation to any conduct by B in the course of carrying on business in New Zealand in respect of designated customer data or designated product data held by or on behalf of B.

      1. For the purposes of subsection (1), it does not matter—

      2. where the data is, or was, collected by or on behalf of the agency; or
        1. where the data is held by or on behalf of the agency; or
          1. where the customer or product concerned is, or was, located.

            1. For the purposes of subsection (1)(b), an agency may be treated as carrying on business in New Zealand without necessarily—

            2. being a commercial operation; or
              1. having a place of business in New Zealand; or
                1. receiving any monetary payment for the supply of goods or services; or
                  1. intending to make a profit from its business in New Zealand.

                    1. This Act also applies to any conduct that occurs (in whole or in part) in New Zealand.

                    2. Subsection (4) does not limit subsection (1).

                    3. In this section, New Zealand agency and overseas agency have the same meanings as in subpart 2 of Part 1 of the Privacy Act 2020.

                    Compare
                    • 2020 No 31 s 4