Page 55 - English-DBINZ brochure-2019

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Privacy

The Privacy Act 1993 was introduced to promote and protect individual privacy. There is a Bill currently
before Parliament which, if passed, would strengthen privacy protections in New Zealand – including
stronger investigative and enforcement powers, mandatory breach reporting, new offences and
increased fines.
The Privacy Act establishes 12 Information Privacy Principles (IPPs). The IPPs govern the collection, use
and disclosure of personal information by public and private sector agencies, and individuals’ rights to
access such information. Privacy Codes of Practice also apply to specific areas – particularly health,
telecommunications and credit reporting.

ENFORCEMENT
Only one of the IPPs can be enforced in Court - the right of an individual to access information held
about them by a public sector agency. The breach of any other IPP does not automatically create an
infringement of the Privacy Act. Rather, the breach must reach the higher level of “an interference with
the privacy of an individual” before a remedy may be available.

The Privacy Act provides detailed procedures to be followed if a person alleges that their privacy has
been interfered with, including investigation and mediation by the Privacy Commissioner (a position
established under the Privacy Act). Generally, the Privacy Commissioner encourages individuals to
try to resolve matters directly with the agency before making a complaint to their Office. The Privacy
Commissioner can investigate a complaint and make recommendations to parties, but cannot enforce
any remedy. Ultimately, if a matter cannot be resolved, the Privacy Commissioner can refer an
unresolved matter to the Director of Human Rights Proceedings who can bring an action before the
Human Rights Review Tribunal. The person alleging interference can also bring an action if the Director
decides not to take proceedings or agrees to the person bringing their own proceedings. The Human
Rights Review Tribunal may grant a variety of remedies including a declaration, an order requiring certain
action, damages, and costs against a party.

APPLICATION TO BUSINESS PRACTICES
The design and use of forms which gather personal information need to ensure that the forms reasonably
inform individuals about the fact and purpose of collection, the recipient of the information, rights of
access to and correction of the information, and a range of other details. A number of the IPPs also
directly impact on the use of information about an individual, including for credit risk assessments and
human resources purposes.
In addition, agencies must have someone in the agency who knows about privacy and is designated to
be a ‘privacy officer’. Agencies must ensure that they hold any personal information with appropriate
protections and that any requests from an individual for access to their personal information are dealt
with in accordance with the Privacy Act and the relevant IPPs.

Importing, exporting, tariffs and duties

Importing and exporting activity is governed by the Customs and Excise Duties Act 2018 and administered
by the New Zealand Customs Service (Customs). Customs operates a modern importing and export
system to facilitate international trade. This system, in conjunction with the New Zealand Government’s
preference for low tariff and duties, provides an environment which is conducive to trade, making New
Zealand an attractive place to undertake business.