The legal framework
The Privacy Act 2020 replaced the 1993 Act and introduced mandatory breach notification and compliance notices. Separately, the courts recognised a tort of public disclosure of private facts in Hosking v Runting in 2004, and a tort of intrusion into seclusion in C v Holland in 2012.
Key points
| Statute | Privacy Act 2020, with thirteen information privacy principles |
|---|---|
| Regulator | Privacy Commissioner, free complaints, can issue compliance notices |
| Breach notification | Mandatory where serious harm is likely |
| Torts | Public disclosure of private facts, and intrusion into seclusion |
| Tribunal | Human Rights Review Tribunal awards damages, including for humiliation |
| Online harm | Harmful Digital Communications Act 2015, with Netsafe as approved agency |
| Highly offensive test | Publication must be highly offensive to a reasonable person |
| Legitimate public concern | A defence to the disclosure tort |
| Damages | The Tribunal awards for humiliation, loss of dignity and injury to feelings |
In practice
- Send a written access request first: it forces the other side to disclose what it holds and creates a paper trail.
- Screenshot everything, with the date and the URL visible, before asking for removal.
- Complain to the regulator — it is free — and keep the reference number.
- Court action is the last step, and the limitation periods are short: take advice early.
- Quantify the humiliation and distress in your evidence: that is the head of damage the Tribunal awards.
Where to go
- Office of the Privacy Commissioner.
- Netsafe for online harm.
- Community Law Centres.
Worth knowing
The Human Rights Review Tribunal has a long waiting list. Where the harm is ongoing, the Netsafe route under the Harmful Digital Communications Act is usually much faster. Awards for humiliation and injury to feelings are the main remedy, and they are modest. The value of the process is usually the order, not the money.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations