Names of my neighbours whose dog mauled my cat that I am suing for damages in court

Sai made this Official Information request to Privacy Commissioner

The request was refused by Privacy Commissioner.

From: Sai

Dear Privacy Commissioner,
A Dog Control officer has visited my neighbours but would not disclose their names, citing 'privacy' concerns. The court has now told me I need to give their names in order to have them served.
The SPCA has advised that the Manager at Animal Management is bound by law to disclose them if requested by your office.
The officer's name is Monica Guzzo and her e-mail is [email address]. Although I have sent her a number of e-mail, she has not responded.

Yours faithfully,
Sai Law

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From: Privacy No Reply
Privacy Commissioner

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Thank you for your email.  We are assessing your enquiry, and will contact
you within three working days.


Please do not reply to this email as it is not monitored – direct replies
to [1][Privacy Commissioner request email]


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please feel free to do so.


Kind regards,


Enquiries Team

Office of the Privacy Commissioner  Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143

Level 13, 51-53 Shortland Street, Auckland 1010

T    0800 803 909 

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From: Enquiries
Privacy Commissioner

Dear Sai Law


Thank you for your enquiry.


1.                   Under principle 6 of the Privacy Act, individuals
have a right to have access to personal information held by an agency.


2.                   Individuals only have a right under the Privacy Act
to access their personal information, not the personal information of


3.                   From the information that you have provided in your
enquiry, it appears that you are seeking the names of your neighbours, so
this would not be your personal information.


4.                   In this case, you would need to make an Official
Information Act (“OIA”) request for this information. We suggest you
contact the Council’s Privacy and Official Information Team and make a
request under the Official Information Act for this information. The
Council has a form that you can use to make this request on line.


5.                   If the Council does not provide this information to
you, then you would need to make a complaint to the Office of the
Ombudsman. That is the Office that deals with OIA matters.


6.                   The Office of the Privacy Commissioner can only
investigate matters that are under the Privacy Act, so we do not have
jurisdiction to deal with OIA complaints.



Yours sincerely


Enquiries Team

Office of the Privacy Commissioner


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