Schedule 3 Amendment of Government Information (Public Access) Act 2009 No 52

[1]   Section 14 Public interest considerations against disclosure

Insert after section 14 (3):

  

(4)  The Information Commissioner must consult with the Privacy Commissioner before issuing any guideline about a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to this section).

[2]   Section 94 Recommendation as to public interest against disclosure

Insert at the end of section 94:

  

(2)  The Information Commissioner must consult with the Privacy Commissioner before making a recommendation under this section about a decision that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).

[3]   Section 104 Right of appearance before ADT

Renumber section 104 (2) as section 104 (3) and insert as new section 104 (2):

  

(2)  The Privacy Commissioner has a right to appear and be heard in any proceedings before the ADT (and proceedings on an appeal in respect of any such proceedings) in relation to a review under this Division of a decision that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).

[4]   Section 129 Regulations

Insert after section 129 (3):

  

(4)  The Minister is to consult with the Privacy Commissioner before recommending the making of a regulation under this Act that concerns the protection of the privacy of individuals or a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).

[5]   Section 130 Review of Act

Insert after section 130 (1):

  

(1A)  The review is to include a consideration of the relationship between this Act and the Privacy and Personal Information Protection Act 1998.

[6]   Section 130 (2)

Omit the subsection. Insert instead:

  

(2)  The Minister is to consult with the Information Commissioner and the Privacy Commissioner on a review under this section and the Information Commissioner and Privacy Commissioner may assist the Minister and provide advice in connection with the review.

[7]   Section 131 Review of public interest provisions by Joint Committee

Insert after section 131 (2):

  

(2A)  The Joint Committee is to consult with the Privacy Commissioner on any review under this section that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14), and the Privacy Commissioner may assist the Joint Committee and provide advice in connection with any such review.

[8]   Schedule 4 Interpretative provisions

Insert in alphabetical order in clause 1:

  

Privacy Commissioner means the Privacy Commissioner under the Privacy and Personal Information Protection Act 1998.