Ombudsmen Amendment Act 1993
Ombudsmen Amendment Act 1993
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Ombudsmen Amendment Act 1993
Public Act |
1993 No 34 |
|
Date of assent |
17 May 1993 |
|
Contents
An Act to amend the Ombudsmen Act 1975
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Ombudsmen Amendment Act 1993, and shall be read together with and deemed part of the Ombudsmen Act 1975 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of July 1993.
2 Referral of complaint to Privacy Commissioner
The principal Act is hereby amended by inserting, after section 17, the following section:
“17a
“(1)
Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Privacy Commissioner under the Privacy Act 1993, the Ombudsman shall forthwith consult with the Privacy Commissioner in order to determine the appropriate means of dealing with the complaint.
“(2)
As soon as practicable after consulting with the Privacy Commissioner under subsection (1) of this section, the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.
“(3)
If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Privacy Act 1993, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Privacy Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.”
3 Consultation with Privacy Commissioner
The principal Act is hereby amended by inserting, after section 21, the following section:
“21a
Notwithstanding anything in section 21 of this Act, an Ombudsman may from time to time undertake consultation with the Privacy Commissioner under the Privacy Act 1993 in relation to any matter relating to the functions of the Ombudsman, including (without limitation) consultation—
“(a)
For the purposes of making a determination under section 17a of this Act:
“(b)
In relation to any matter arising out of or in the course of an investigation under this Act or any other enactment:
“(c)
In relation to any matter relating to privacy, whether or not the matter arises out of a particular complaint made under this Act,—
and for the purposes of any such consultation, an Ombudsman may disclose to the Privacy Commissioner such information as the Ombudsman considers necessary for that purpose.”
4 Proceedings privileged
Section 26 of the principal Act (as substituted by section 5 of the Ombudsmen Amendment Act (No. 2) 1982) is hereby amended by inserting in subsection (2), after the expression “section 105a”
in each place where it appears, the expression “or section 105b”
.
5 First Schedule amended
(1)
Part I of the First Schedule to the principal Act is hereby amended by inserting, in its appropriate alphabetical order, the following item:
“The New Zealand Defence Force.”
(2)
Part II of the First Schedule to the principal Act is hereby amended by repealing the items relating to—
(a)
The New Zealand Army:
(b)
The New Zealand Defence Council:
(c)
The New Zealand Naval Board:
(d)
The New Zealand Naval Forces:
(e)
The Royal New Zealand Air Force.
This Act is administered in the Department of Justice.
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Versions
Ombudsmen Amendment Act 1993
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