Act nº 44 of 22 July 2011. Privacy Amendment Act 2011

The Parliament of New Zealand enacts as follows:

1.- Title

This Act is the Privacy Amendment Act 2011.

2.- Commencement

This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.

3.- Principal Act amended

This Act amends the Privacy Act 1993.

4.- Notice of adverse action proposed

(1) Section 103(5) is amended by repealing the definition of fine

and substituting the following definition:

“fine means :

“(a) a fine within the meaning of section 79 of the Summary Proceedings Act 1957:

“(b) a fine to which section 19 of the Crimes Act 1961 applies:

“(c) a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:

“(d) a fine to which section 28I of the District Courts Act 1947 applies:

“(e) any amount payable under section 138A(1) of the Sentencing Act 2002″.

(2) Section 103(5) is amended by repealing the definition of reparation.

(3) Section 103(5) is amended by inserting the following definition in its appropriate alphabetical order:

“amount of reparation has the same meaning as in section 79 of the Summary Proceedings Act 1957″.

5.- Schedule 5 amended

Schedule 5 is amended in the manner indicated in the Schedule.

Schedule.- Amendment to Schedule 5 of Privacy Act 1993

Insert after the item relating to enforcement of fines and other orders under the heading Ministry of Justice records:

Driver licence stop Holders

Particulars of each order served, cancelled, or terminated, the full name, full address, telephone number, driver licence number, and date of birth of the person on whom the order was served; the date and time when the order was served on the person, the date of the cancellation or termination of the order, and any amendments required, as at the date of service, cancellation, or termination, to the person’s full address and telephone number

New Zealand Transport Agency (access is limited to recording, on the Driver Licence Register, the service, cancellation, or termination of an order and any amendments required to the person’s full address and telephone number, and to replacing a driver licence following the cancellation or termination of the order)