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CIVIL LAW

Privacy Act 1993

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This site will give you all you need to know about the law of Privacy in New Zealand.

We will give you direct access to the Privacy Act 1993 together with a full overview of the Act.

We will also link you to a number of very useful resouce links and Websites.

We also discuss the right to bring a civil action for damages for breach of privacy and the way the law might be developing in New Zealand.  We will display for you a full copy of the decision of the High Court in the Mike Hosking case.  This case sets out all the leading cases on breach of privacy actions.

In 1993 the Privacy Act was passed. This Act controls the way in which personal information is collected, stored and used.

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

The Privacy Act is a guide to the way information is gathered in New Zealand, stored and released.

The Act sets out what information gatherers can do and cannot do. It also sets out the procedure for complaining if an individual thinks their rights have been infringed.

WHO DOES THE PRIVACY ACT APPLY TO?

It applies to every person or organisation in New Zealand which holds personal information.

There are exceptions however.

The Act does not apply to information held by anyone for personal, family or household affairs.

The Act does not apply to a small number of groups and organisations in New-

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Feedback/Reviews/Blogs
"I used to hear all sorts of stories about how some officers lie in the course of their work and thought it was probably rubbish. In most cases, officers work with integrity under difficult circumstances. However, I've just had first hand experience of an officer's lack of honesty in relation to a traffic offence. A kindergarten released private information about ourselves and our child to a policeman investigating an incident. They may have done so lawfully, thats a matter for someone else to decide. But then that policeman, on his official jobsheet, outrightly lied and said the information had come from another party (we have proved it did not).
The kindy refuses to tell us the basis on which they felt release of the info was warranted (i.e. the story the officer spun to them), or what information they gave to him. Since the jobsheet was falsified, we cant get it from there either, and we hardly trust Mr Plod to give us an accurate account now, can we?
Are they not obliged to tell to explain their handling of our private information, lawfully or otherwise?
Is there a provision or statute anywhere that allows officers to provide false statements on official documents to cover-up where they obtained information from?

Netlaw replies: We do know of a number of cases where police officers have lied and falsified evidence. We sincerely believe it is very rare in NZ. However, if you have clear evidence of this, not just a difference of opinion, then you must report it to the Police Complaints Authortity as well as the Commissioner of Police."

Feedback/Blogs/Reviews from related topic: Arrest
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Arrest
"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
Feedback/Blogs/Reviews from related topic: Arrest
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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