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Customer and Product Data Act 2025

Regulatory and enforcement matters - Duties to take remedial action

58: Data holder or accredited requestor must take prescribed steps to avoid, mitigate, or remedy loss or damage caused by contravention

You could also call this:

“You must follow special rules to fix problems if you break this law”

If you’re a data holder or an accredited requestor and you break a rule in this law, you need to follow some steps. These steps are there to help if someone else has been hurt or might get hurt because of what you did wrong.

The people who might be affected could be customers, other data holders, or other accredited requestors. They’re the ones this law is trying to protect.

If you’ve done something wrong, you have to do what the rules say to stop anyone from getting hurt, to make things better if they’ve already been hurt, or to fix any damage that’s been done.

The exact steps you need to take will be written down in the regulations. These are like a set of instructions that go with the law.

If you want to know more about these regulations, you can look at section 131(2) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS840640.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Rights and equality > Privacy
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Part 4 Regulatory and enforcement matters
Duties to take remedial action

58Data holder or accredited requestor must take prescribed steps to avoid, mitigate, or remedy loss or damage caused by contravention

  1. This section applies if—

  2. a person (A) contravenes a duty imposed under this Act; and
    1. A is a data holder or an accredited requestor; and
      1. a person (B) referred to in subsection (3) has suffered, or is likely to suffer, loss or damage because of the contravention.

        1. A must take the steps that are prescribed by the regulations to avoid, mitigate, or remedy that loss or damage.

        2. For the purposes of subsection (1)(c), B is any of the following:

        3. a customer:
          1. a data holder or an accredited requestor (other than A).

            1. See section 131(2), which relates to the regulations.