Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Preliminary provisions - Territorial application of Act

11: Territorial application of Act

You could also call this:

“Where the law applies: New Zealand and overseas businesses handling data”

The proposed law would apply to New Zealand agencies and overseas agencies that handle certain types of customer and product data. If you’re a New Zealand agency, the law would apply to you no matter where you are when you deal with this data. If you’re an overseas agency, the law would apply to you if you’re doing business in New Zealand and handling this data.

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

For overseas agencies, you might be considered as doing business in New Zealand even if you’re not trying to make money, don’t have an office here, or don’t charge for your goods or services.

The terms “New Zealand agency” and “overseas agency” would have the same meanings as they do in the Privacy Act 2020.

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 It might be out of date or be missing some parts.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

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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.

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“Rules that help everyone adjust when the law changes”

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. 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.