NZ Privacy Act
Privacy Act 2020 (New Zealand) — Office of the Privacy Commissioner (New Zealand)
Also known as: Privacy Act 2020, New Zealand Privacy Act, NZ OPC
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At a glance
- Current version
- Privacy Act 2020 (version as at 23 September 2026)
- Published 23 September 2026. source
- Status
- In force
- Next deadline
- None announced
- Who must comply
- New Zealand agencies wherever they act, overseas agencies in the course of carrying on business in New Zealand, and individuals not ordinarily resident here for information collected or held while in New Zealand. source
- How it is assessed
- Agencies apply the information privacy principles themselves and notify the Commissioner and affected people of notifiable privacy breaches as soon as practicable. source
- Authority
- An Act of the New Zealand Parliament administered by the Ministry of Justice; the Privacy Commissioner receives breach notifications and can issue compliance notices. source
- Enforced by
- Offences under the Act, including failing to notify the Commissioner of a notifiable breach, carry fines of up to $10,000. source
- Last change
- None recorded yet
New Zealand's data protection law, built on fourteen information privacy principles, a mandatory notifiable privacy breach scheme and restrictions on disclosing personal information overseas. Its working detail lives in codes of practice issued by the Privacy Commissioner for health, credit reporting and telecommunications.
Recent changes
No changes recorded yet — we are watching, and nothing has been published.
Key dates
No upcoming dates- Schedule 4 amendments by the Privacy Act (Schedule 4) Order 2026 and the Arms Act 2026 take effect
- IPP 3A takes effect: agencies collecting personal information indirectly must take reasonable steps to tell the individual
- Part 2 of the Privacy Amendment Act 2025 takes effect
- Privacy Amendment Act 2025 receives Royal assent
Show 1 earlier date
Amendments
-
Privacy Act 2020 (version as at 23 September 2026) AmendmentCurrent text
Schedule 4 was amended by the Privacy Act (Schedule 4) Order 2026 and the Arms Act 2026, which added Arms Regulator records. source
-
Information privacy principle 3A in force Amendment
Part 1 of the Privacy Amendment Act 2025 inserted IPP 3A: an agency that collects personal information about someone from another source must take reasonable steps to make that person aware of the collection. source
More
- The steps must be taken as soon as reasonably practicable after collection; IPP 3A does not apply to information collected before 1 May 2026 (section 25A).
-
Statutes Amendment Act 2025 Amendment
Part 31 of the Statutes Amendment Act 2025 made amendments including replacing IPP 12(1)(e) and changes to sections 27, 44, 49 and 120. source
-
Privacy Amendment Act 2025, Part 2 Amendment
Part 2 of the Privacy Amendment Act 2025 came into force on 24 September 2025 (section 2(2)), amending sections 18, 22 (the IPP 3 heading), 44, 49 and 63. source
More
- The Commissioner may now assess the privacy laws of a country individually or as a member of a bloc of countries when advising the Minister on comparable safeguards (section 18(3)).
-
Privacy Act 2020 (2020 No 31) Major version
The Act received assent on 30 June 2020 and most of it came into force on 1 December 2020. source
Who it applies to
The Act reaches New Zealand agencies wherever they act and overseas agencies carrying on business in New Zealand, regardless of where the information is held.
- New Zealand agencies
- A New Zealand agency is covered for any action on personal information it collects or holds, whether or not it is present in New Zealand at the time (section 4(1)(a)). source
- Overseas agencies
- An overseas agency is covered for actions in the course of carrying on business in New Zealand, which does not require a place of business or payment in New Zealand (section 4(1)(b) and (3)). source
- Location of data
- It does not matter where the information was collected or is held, or where the individual is located (section 4(2)). source
How compliance is assessed
Agencies apply the information privacy principles themselves and notify the Commissioner and affected people of notifiable privacy breaches as soon as practicable.
- Breach notification
- An agency must notify the Commissioner as soon as practicable after becoming aware of a notifiable privacy breach (section 114). source
- Affected individuals
- It must also notify affected individuals as soon as practicable, or give public notice where individual notification is not reasonably practicable (section 115). source
- Indirect collection
- Since 1 May 2026, an agency collecting personal information from someone other than the individual must take reasonable steps to make the individual aware of the collection, its purpose and recipients (IPP 3A). source
Enforcement and penalties
Offences under the Act, including failing to notify the Commissioner of a notifiable breach, carry fines of up to $10,000.
Up to $10,000
Section 118, for an agency that without reasonable excuse fails to notify the Commissioner of a notifiable privacy breach. source
Up to $10,000
Section 212, for obstructing the Commissioner, failing to comply with a lawful requirement, misleading an agency to obtain someone's information, or destroying requested documents. source
- Compliance notices
- The Commissioner can issue compliance notices to agencies (section 123). source
Documents
- Law text Privacy Act 2020 (latest version)
- Law text Privacy Amendment Act 2025 (2025 No 53)
Frequently asked questions
What is IPP 3A in the New Zealand Privacy Act?
A principle in force from 1 May 2026: an agency that collects personal information from someone other than the individual must take reasonable steps to make the individual aware of the collection, its purpose, the recipients and their access and correction rights. source
What is the maximum penalty under the New Zealand Privacy Act 2020?
Offences under the Act, such as failing to notify the Commissioner of a notifiable privacy breach, are punishable by a fine of up to $10,000 (sections 118 and 212). source
Verified against official sources on 18 October 2026. We monitor the official sources for this framework. Watching since 20 September 2026. Subscribe to NZ Privacy Act (RSS)