Exercise of Privacy Act enforcement powers since 1 June 2024
B Stewart made this Official Information request to Privacy Commissioner
The request was successful.
From: B Stewart
Dear Privacy Commissioner,
I co-author a professional publication on the Privacy Act 2020 and am involved in teaching a post-graduate university course on privacy law and make these requests in that context.
The first two parts of the request update a request you replied to on 30 May 2024 (your ref: OIA/0361) and the third part updates a request you replied to on 2 July 2024 (your ref: OIA/0371).
1 Exercise of 'new' enforcement powers
This part of the request is focused upon the numbers of times the enforcement powers introduced by the 2020 Act have been exercised.
(a) Since 1 June 2024, how many times has the Commissioner issued an access direction under s 93.
(b) Since 1 June 2024, how many times has the Commissioner issued a compliance notice under s 123.
(c) Did the draft compliance notices issued in October 2023 and February 2024 result in issue of compliance notices? Have further draft compliance notices been issued that are not included in (b) above.
2 Exercise of other powers
I would like confirmation of whether other enforcement powers have been exercised. As I expect the answer in each case is likely to be negative all I ask is whether the provisions have been exercised. If the powers have been exercised, I may seek further information. Have any of the following powers been exercised since 1 June 2024?
(a) Grant of authorisation under s 30.
(b) Grant of authorisation under s 67.
(c) Report breach of duty or misconduct under s 96.
(d) Commencement of a prosecution, or referral to police, in relation to any offence under the Act.
(e) Commencement of proceedings under s 130.
(f) Issue of a transfer prohibition notice under s 193
3 Referral to the Director of Human Rights Proceedings
Please advise how many referrals were made to the Director of Human Rights Proceedings in 2024/25 and 2025/26 (to date).
B Stewart
Yours faithfully,
B Stewart
From: OIA
Privacy Commissioner
Thank you for your message. The office is closed until Monday, 12 January
2026. We will acknowledge your request when the Office reopens. Please
note that the the OIA response time is extended to allow for the holiday
break. Under the OIA, 25 December – 15 January (inclusive) are not counted
for the purposes of the 20 working day timeframe.
Ngâ mihi
OIA Team
From: OIA
Privacy Commissioner
Kia ora
This is to acknowledge your official information request. We will respond
as soon as we are able but no later than 13 February 2026.
Aku mihi
OIA team
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094, Wellington 6140
privacy.org.nz
[1][IMG]
[2][IMG]
[3]NZBN 9429041913161
Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [4]subscribe to our newsletter. Have a
privacy question? [5]AskUs
Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments.
Please treat the contents of this message as private and confidential.
Thank you.
-----Original Message-----
From: B Stewart <[FOI #33474 email]>
Sent: Friday, 9 January 2026 12:57 pm
To: OIA <[Privacy Commissioner request email]>
Subject: Official Information request - Exercise of Privacy Act
enforcement powers since 1 June 2024
Dear Privacy Commissioner,
I co-author a professional publication on the Privacy Act 2020 and am
involved in teaching a post-graduate university course on privacy law and
make these requests in that context.
The first two parts of the request update a request you replied to on 30
May 2024 (your ref: OIA/0361) and the third part updates a request you
replied to on 2 July 2024 (your ref: OIA/0371).
1 Exercise of 'new' enforcement powers
This part of the request is focused upon the numbers of times the
enforcement powers introduced by the 2020 Act have been exercised.
(a) Since 1 June 2024, how many times has the Commissioner issued an
access direction under s 93.
(b) Since 1 June 2024, how many times has the Commissioner issued a
compliance notice under s 123.
(c) Did the draft compliance notices issued in October 2023 and February
2024 result in issue of compliance notices? Have further draft compliance
notices been issued that are not included in (b) above.
2 Exercise of other powers
I would like confirmation of whether other enforcement powers have been
exercised. As I expect the answer in each case is likely to be negative
all I ask is whether the provisions have been exercised. If the powers
have been exercised, I may seek further information. Have any of the
following powers been exercised since 1 June 2024?
(a) Grant of authorisation under s 30.
(b) Grant of authorisation under s 67.
(c) Report breach of duty or misconduct under s 96.
(d) Commencement of a prosecution, or referral to police, in relation to
any offence under the Act.
(e) Commencement of proceedings under s 130.
(f) Issue of a transfer prohibition notice under s 193
3 Referral to the Director of Human Rights Proceedings
Please advise how many referrals were made to the Director of Human Rights
Proceedings in 2024/25 and 2025/26 (to date).
B Stewart
Yours faithfully,
B Stewart
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #33474 email]
Is [7][Privacy Commissioner request email] the wrong address for Official Information
requests to Privacy Commissioner? If so, please contact us using this
form:
[8]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
1. https://www.privacy.org.nz/tuhono-connec...
2. https://www.privacy.org.nz/responsibilit...
3. https://www.nzbn.govt.nz/mynzbn/nzbndeta...
4. http://privacy.org.nz/subscribe/
5. http://www.privacy.org.nz/ask
6. mailto:[FOI #33474 email]
7. mailto:[Privacy Commissioner request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers
hide quoted sections
From: OIA
Privacy Commissioner
Tçnâ koe
Please find attached the Privacy Commissioner’s response to your official
information request.
Aku mihi
Sharyn Leonard
Executive Assistant (Legal) | Kaiâwhina Mâtâmua – Ture
Office of the Privacy Commissioner Te Mana Mâtâpono Matatapu
PO Box 10094, Wellington 6140
privacy.org.nz
[1][IMG]
Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [2]subscribe to our newsletter. Have a
privacy question? [3]AskUs
Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments.
Please treat the contents of this message as private and confidential.
Thank you.
References
Visible links
1. https://www.privacy.org.nz/resources-and...
2. http://privacy.org.nz/subscribe/
3. http://www.privacy.org.nz/ask
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).

