Dear Privacy Commissioner,

ACC claimants have a right under Section 154(2) of the AC Act to be provided with a copy of the (Fairway Resolution Limited) reviewers notes where an appeal application has been lodged with the District Court and this information is requested from the ACC by such a claimant.

Principle 6 of the Privacy Act provides for access to personal information and therefore reinforces the abovementioned obligation on the ACC. Yet, ACC claimants are being told by management and staff of your office that Section 7(2) of the Privacy Act "overrrides" Section 154(2) of the AC Act. Therefore your office is refusing to investigate complaints that arise as a consequence of the ACC failing to provide claimants with copies of the reviewers notes where an appeal application has been made and this information is requested by such a claimant. This is being done on the basis that Principle 6 does not apply for the abovementioned reason.

The following related information is available on the internet: ----

At https://www.consumer.org.nz/articles/pri... where it is stated that; “The Privacy Act can’t override other Acts that authorise or require personal information to be made available. Where it comes into conflict with the provisions of another Act, the other Act takes precedence. For example, schools must work within the Education Act. If the Privacy Act conflicted with the Education Act, the Education Act would override the Privacy Act.” Section 154(2) does come into conflict with Principle 6.

At http://www.justice.govt.nz/policy/consti... where it is stated that;: “Section 7 of the Act has the effect that if another statute is contrary to the privacy principles, that other statute prevails." Section 154(2) is not contrary to Principle 6.

At https://www.privacy.org.nz/assets/Files/... where the (then) Privacy Commissioner stated in a speech on 4 May 2015 that; “If another law is inconsistent with the Privacy Act, that law will override the Privacy Act (to the extent of the inconsistency).” Section154(2) is not inconsistent with Principle 6.

At https://www.privacy.org.nz/the-privacy-a... Commissioner where it is stated that; “If another law is inconsistent with the Privacy Act, that other law will ‘trump’ the Privacy Act”. Again, Section 154(2) is not inconsistent with Principle 6.

Fairness and equity in the application of laws ensures public confidence in government organisations, as does unfettered access to personal information. It is for these reasons that I am requesting under the Official Information Act that you provide with me copies of all information as it relates to the apparent determination by the Privacy Commissioner that Section 7(2) of the Privacy Act "overrrides" Section 154(2) of the AC Act, and consequently Principle 6 does not apply to information requests made where an appeal application has been lodged with the District Court.

Yours faithfully,

Lee M.