Effective advocacy in privacy

Source: Privacy Commissioner

This guidance is intended for advocates who aren’t lawyers but who are representing people in their privacy concerns.

Access to personal information

Tailoring your access request will make it more likely you’ll get relevant information without delay.

Access requests can take time for an agency to deal with, so we recommend making a request for specific documents if that is what your client wants. This should be the quickest way to get a response at no charge. If you can’t do that, then we suggest you ask for the information within scope of what you want (limit this to within a period of time or make it about an issue). You cannot impose your own timeframe on an agency. The agency is required to respond to you in 20 working days and make a decision, but that does not mean they will always be able to provide the information at the same time.

We encourage you to be pragmatic and focus on solutions. If you ask for a long meandering or highly specific list that can be a problem. Koso v MBIE (opens to PDF, 133KB) is a good example of this. 

Either be specific, “I want the emails between these people between these dates” or broad, “all personal information held about X between these dates.”  

If you ask for “everything held” where there is going to be a search through a lot of information that isn’t personal to the requester, but has their name on it (for example an employee/employer request for all emails) that might mean any personal information is not readily retrievable and the request could be refused. The case note ‘Academic denied request for 12,000 work emails‘ is a good example of this.

If you need the information urgently, explain to the agency why are making your request urgent, so that the agency can take this into account (as outlined in Koso v MBIE (opens to PDF, 133KB)).

If you need the information for another process (for example the Employment Relations Authority (ERA) or court proceedings) then use that process. The Privacy Commissioner’s processes can’t align with other agencies’ timeframes and you could be entitled to different (potentially broader) information, and different assessments will apply (see ERA power to order docs/info under s160). 

You can only request information about your client. Policy documents, information about a redundancy etc. might be information you could or should be given access to as an employee, but it is not information you are entitled to request under IPP6, unless it contains personal information.

If you don’t get a response, follow up with the agency. We have a small number of investigators and if you can potentially solve the issue for the person you’re representing by sending an email, we would expect you to do so in the first instance. This will also help us assess your complaint if you have made efforts to follow up and have still had no response.

Information missing

We don’t know what’s missing or should be held by an agency. We have limited investigative resources to ask an agency ‘are you sure that’s everything’ so if you haven’t got all the information your client is expecting to receive, then we need to see some evidence we can base an investigation on. For example, is there a reference in an email to a discussion/meeting/attachment that you’ve not received, or are you aware of further correspondence for some other reason?

Other privacy complaints

Tell the agency what you want to resolve your privacy concern. If you have emailed the agency saying “respond by X date or I will file a complaint with OPC” doesn’t mean we can investigate your complaint. Explain to that agency what it can do to resolve the concerns you have raised. An investigation by our Office is not a “resolution” that the agency can provide to you. 

Read more about our approach to settling privacy complaints.

We understand that privacy might only be a small part of a broader dispute. Please be ready to explain your privacy complaint in a simple and brief way. 

Professionalism/courtesy

Resolving complaints can be hard work for everyone involved, and it is important that everyone remains civil towards each other. OPC has developed a Service Charter setting out the way we will work with people, and what we expect in terms of behaviour.  

We understand that you want to provide advocacy for your client, but ours is not an adversarial process. We see people get better results when they come to us with reasonable and realistic expectations. Remember that your behaviour could affect your client’s ability to engage with the agency, and access our process.

If your correspondence with us or the agency is rude, abusive, or threatening, we may not be able to accept your complaint.  

Contacting us

We cannot communicate with you on behalf of someone else without a signed authority form (opens to PDF, 116KB).

When you get in contact with us, it’s more important to show us the important documents than it is to explain all of the background. We need to see some evidence of what you’re raising concerns about. This could include a copy of the information request, your complaint to the agency, any response received from it, and evidence that you’ve followed up or explained the outstanding concerns to the agency. If you include all of the relevant information from the outset, you will get a response more quickly. 

We recommend identifying the key questions or issues and then explaining your position on each one. You should list the key facts that support your answer in a way that specific and clear. 

We recommend that you don’t use AI to make your complaint. Read our information about using Artificial Intelligence (AI) to work with us

There are a number of reasons that we may decide not to investigate a complaint. For example it happened more than 12 months ago, or there haven’t been reasonable efforts to resolve the complaint with the agency first. We also have a discretion not to investigate if it is not necessary in the circumstances. Read more about why we might not investigate

Thank you to Robin Arthur of the ERA for the inspiration to create this document. Robin’s good work is also relevant and can be read on their website (opens to PDF, 124KB). 

SH2 Pekatahi Bridge gets decked out 

Source: New Zealand Transport Agency

Pekatahi Bridge on State Highway 2 (SH2) near Tāneatua in the Eastern Bay of Plenty will be getting the facelift it very much needs, with funding now confirmed for a total deck replacement says NZ Transport Agency Waka Kotahi (NZTA).

“A new deck for this one lane bridge will improve safety by reducing the risk of damage to vehicles and cut the need for frequent closures for ongoing repairs, supporting more reliable journey times for locals and freight to Tairāwhiti, the Bay of Plenty and Port of Tauranga,” says Regional Manager of Maintenance and Operations, Roger Brady. 

“We have listened to the freight industry and community concerns about the condition of the Pekatahi Bridge and re-prioritised to secure funding for deck construction.” 

The design for the new bridge deck is well underway and expected to be completed in the coming months.

All going to plan, construction is expected to start early 2026.
 
“Once the deck replacement and structural maintenance is completed, it will significantly extend the life of the bridge by another 20 years,” Mr Brady says. 

The cost of the deck replacement and additional work, which will include painting, concrete repairs and scour protection to the substructure, is expected to be around $14 million.  The timeline for construction will be confirmed in coming weeks. 

“This is the most practical solution to address the current issues quickly while funding is constrained. A new and more durable deck will improve safety and quality and extend the bridge’s lifespan without overloading the structure,” Mr Brady says. 

The proposed new deck will be made of plywood panels, bolted in place, limiting movement and subsequent breakage of the new surface. The deck replacement work will require full closure of Pekatahi Bridge for a significant period of time.  

Quarterly bridge maintenance will continue until construction begins.

Police appeal for information following assault in Mosgiel

Source: New Zealand Police

Attribute to Constable Hayden Latta: 

Police are appealing for information from the public following an assault on the Mosgiel motorway off-ramp leading to the Quarry Road roundabout.

On Wednesday 25 June, Police received a report of a road rage assault at around 4pm.

One person received moderate injuries and was understandably shaken by the incident.

While our investigation into the circumstances of the incident are ongoing, Police would like to hear from anyone who may have witnessed what happened. 

We would also like to hear from anyone who may have CCTV or dashcam footage from the motorway and Quarry Road off-ramp area at the time.

If you have information that may assist in our enquiries, please contact Police online at 105.police.govt.nz, clicking “Update Report” or call 105.

Please use the reference number 250625/4075.

You can also provide information anonymously through Crime Stoppers at 0800 555 111.

ENDS.

Issued by Police Media Centre

Traffic delays following fire in Parnell

Source: New Zealand Police

Motorists are advised to expect delays in Parnell this morning due to a building fire in Parnell Road.

Emergency Services responded to reports of a fire at about 6.45am.

Parnell Road, between Garfield Street and St Stephens Avenue, has been cordoned off in both directions.

Motorists are advised to seek an alternative route.

ENDS.

Holly McKay/NZ Police

Delays following fire, Avondale

Source: New Zealand Police

Motorists are advised to expect delays in Avondale this morning due to a building fire in Great North Road.

Emergency Services responded to reports of a fire at Saint Mary’s Catholic School at about 4.20am.

Great North Road, between Portage Road and Larch Road, is cordoned off and emergency services are in attendance.

There are no reports of injury.

Police will work with fire investigators to establish the circumstances of the fire.

ENDS.

Holly McKay/NZ Police

Fatal crash, Burnham

Source: New Zealand Police

Police can confirm one person has died following a crash on Telegraph Road, Burnham.

The crash involving two vehicles was reported at about 3.30pm.

The Serious Crash Unit is on scene.

The road is currently closed with diversions in place until the scene examination has been completed.

ENDS

Issued by the Police Media Centre

SH1 closed south of Hampden following crash

Source: New Zealand Police

State Highway 1 is closed south of Hampden, while emergency services respond to a crash.

The two-vehicle crash near Moeraki Boulders Road was reported at around 4:20pm.

Initial indications are that there are serious injuries.

Motorists are advised to avoid an unnecessary travel, as there are no alternate routes available.

ENDS

Issued by Police Media Centre

War veteran’s grandson reunited with medals

Source: New Zealand Police

War medals stolen from the mailbox of a veteran’s grandson in Wellsford earlier this month have been found and returned to their rightful owner.

On 9 July, Patrick Conlon made a report to Police after a valuable parcel was allegedly stolen from his mailbox.

Mr Conlon was understandably very upset by the theft – the parcel contained World War I medals that had been awarded to his grandfather, Elmer James Conlon.

Police established that the parcel had been delivered on 1 July, but had then gone missing before Mr Conlon could collect it.

Police appealed to the public for any information that could help locate the medals, or for any locals to report if they’d seen any suspicious activity in the area on the date of the theft.

Thankfully, yesterday, Police were contacted by the Wellsford War memorial museum staff advising that the medals had been located in their returns bin.

Senior Sergeant Damian Lawn says it appears someone had dropped them off overnight.

“We’re pleased that whoever took these medals did the right thing and returned them – obviously they are hugely significant to Mr Conlon and we are glad to be able to reunite him with them.

“We have fingerprinted the medals before returning them and we are continuing with our enquiries.”

Anyone who has any further information about the theft or those involved is asked to get in touch through our 105 service, using reference number 250709/8286.

ENDS

Issued by Police Media Centre

Top of the South floods – ongoing travel disruptions can be expected

Source: New Zealand Transport Agency

With weather damage affecting critical routes across the top of the South Island, road users are warned to expect ongoing state highway closures and travel disruptions.

Mark Owen, Regional Manager Lower North Island/Top of the South, says with the school holidays ending this weekend, people can’t expect travel to be simple or easy.

“The fact is some routes have suffered significant damage from flooding, slips, and treefalls and won’t reopen to the public today.”

“Our advice is, don’t queue at state highway closure points and avoid the inland route between Nelson and Murchison. If you’re travelling between the top of the South and Canterbury, use State Highway 1 and the east coast instead,” Mr Owen says.

Nelson/Tasman

SH6 Rocks Road

State Highway 6 Rocks Road is not expected to reopen this weekend, and Mr Owen says it may remain closed into early next week. This will affect traffic, and delays and congestion can be expected while the closure remains in place.

“There are multiple slip zones and a serious risk of debris falling onto the road. Until these risks are mitigated, Rocks Road will remain closed to traffic, cyclists, and pedestrians. Please, for your own safety, stay out of the closure zone.”

“We will have a soft closure at the intersection of Russell Street, so local businesses can continue operating. Rest assured, contractors will do their best to reopen the route, but it is going to take some time,” Mr Owen says.

SH6 Belgrove to Murchison

Mr Owen says this route is expected to remain closed today as well.

“Our priority here is to punch a route through for first responders and restore a connection to cut-off communities like Tapawera. After that, we will work as hard as we can to get it open to the public.”

“There have been slips, tree falls, and flood damage along this section of the highway, and they will take time to clear,” Mr Owen says.

SH60 Tākaka Hill

Mr Owen says contractors are working hard to restore this route and reopen a connection to Tākaka and Golden Bay.

“A lifeline route for first responders and emergency services is the priority, and the highway is not expected to open to the public today.”

“There are a number of slips on the route, and these need to be inspected and assessed before the road can be safely reopened to the public,” Mr Owen says.

Marlborough

There is better news in Marlborough with all of the region’s highways open.

“Contractors managed to reopen State Highway 63 from Renwick to Korere-Tophouse Road to residents and essential travel at around 12:30 pm. The diversion at Andersons Bridge, put in place after flood damage two weeks ago, has held up to the heavy rain well.”

“Elsewhere it’s been a case of surface flooding and minor slips. Drivers can expect to see warnings in place and, with more rain forecast, they must drive to the conditions,” Mr. Owen says.

Next steps

While the worst of the weather has passed, Mr Owen says its effect on State Highways will be ongoing.

“We are in response mode at the moment. Our focus is on reconnecting the network and restoring connections to cut-off communities.”

“However, once this passes, we will shift into recovery mode. This is where we plan and design what needs to be done to fix highways and infrastructure that have been badly damaged. This will take some time to finalise, and we don’t have the details yet. When we do, we will ensure affected communities are updated,” Mr Owen says.

More information

Delays expected after crash on SH29, Lower Kaimai

Source: New Zealand Police

Motorists travelling on State Highway 29, Lower Kaimai, are advised to expect delays following a crash.

Emergency services were called to the single-vehicle crash near Hanga Road at around 2:30pm.

One person has sustained moderate injuries.

Diversions are in place, and motorists should expect delays.

ENDS

Issued by Police Media Centre