Law / New Zealand

Privacy Act 2020, Compliance Notices and Offences

Privacy Act 2020 (NZ), No 31, ss. 123, 126, 130, 212

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 December 2020.

An enforcement supervision rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • Comply with a compliance notice issued by the Commissioner to remedy a breach of the Act, an interference with privacy, or a breach of a code of practice, or face enforcement proceedings before the Human Rights Review Tribunal.
  • Do not obstruct, hinder, or resist the Commissioner, make a false or misleading statement, falsely claim authority under the Act, impersonate an individual to obtain or alter their personal information, or destroy a document to defeat a request; each is an offence carrying a fine of up to $10,000.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Under s. 212(1) and (2), a person who obstructs the Commissioner, fails to comply with a lawful requirement, makes a false or misleading statement, falsely claims authority under the Act, impersonates an individual, or destroys a document to defeat an access request commits an offence and is liable on conviction to a fine not exceeding $10,000 for each subsection.

Penalty structure

Fine on conviction under s. 212(1) or (2) for each listed offence (obstruction, false statement, false claim of authority, impersonation, or destruction of a document to defeat an access request).

Rule
Fixed only
As of
6 September 2026
Currency
NZD
Fixed cap
10,000

Who enforces it

Enforcement body

Office of the Privacy Commissioner; Human Rights Review Tribunal

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

The Privacy Commissioner may issue a compliance notice requiring an agency to remedy a breach of the Act, an interference with privacy, or a breach of a code of practice, and an agency issued with one must take steps to comply as soon as practicable; if the agency has not remedied the breach after the appeal period, the Commissioner may take enforcement proceedings in the Human Rights Review Tribunal.

Separately, section 212 makes it an offence, on conviction carrying a fine of up to $10,000, to obstruct or mislead the Commissioner, make a false statement, falsely claim authority under the Act, impersonate an individual to obtain or alter their personal information, or destroy a document to defeat an access request.

When LexLint raises it

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Read the law

official consolidated Act text, New Zealand Legislation

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived September 5, 2026. Publisher's page: https://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23223.html

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