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

Administrative matters - Miscellaneous

137: No contracting out

You could also call this:

“You can't make deals to ignore the rules in this law”

This part of the proposed law says that you can’t ignore or avoid any of the rules in this law, even if you make an agreement saying you won’t follow them.

If a data holder (someone who has your data) tries to make an agreement that says they don’t have to follow these rules, they’re breaking the law. This would be treated as an offence under the Fair Trading Act.

For example, if a data holder makes an agreement with you saying they don’t have to give you your data when the law says they should, they would be committing an offence.

The law is designed to protect your rights to your data, and companies can’t make deals to get around these protections.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833595.

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Part 5 Administrative matters
Miscellaneous

137No contracting out

  1. This Act has effect despite any provision to the contrary in any agreement.

  2. A data holder that purports to contract out of any provision of this Act commits an offence against section 13(i) of the Fair Trading Act 1986.

    Example

    A data holder enters into a contract with a customer. Under the contract, the data holder purports to contract out of its duty to provide data to the customer under section 14.

    The data holder commits an offence.