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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

Regulatory and enforcement matters - Duties to take remedial action

59: 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:

“Companies must follow rules to fix mistakes and prevent harm when handling data”

This part of the proposed law says that if you’re a data holder or an accredited requestor and you break a rule in this Act, you need to do something about it. The law will tell you exactly what steps you need to take to fix the problem.

If you break a rule, and it causes or might cause harm to a customer or another data holder or accredited requestor, you have to follow the steps set out in the regulations. These steps are meant to stop the harm from happening, make it less bad, or fix it if it’s already happened.

The law will explain in more detail what these steps are. It’s important to remember that this is a proposed change to the law, not something that’s in effect right now.

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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=LMS840640.

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Part 4 Regulatory and enforcement matters
Duties to take remedial action

59Data 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 126(2), which relates to the regulations.