New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary see: court-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/
Legislation
New Zealand Bill of Rights Act 1990
The New Zealand Bill of Rights Act 1990 (NZBORA) is based on the International Covenant on Civil and Political Rights, however no express right to privacy is included in the Act. Despite the lack of an express right, privacy is the foundation for many of the rights contained within NZBORA, such as freedom from unreasonable search and seizure as protected by section 21. The fact that a right to privacy is not included in NZBORA does not affect or invalidate it in any way. It is suggested that privacy was not included in NZBORA due to its difficulty to define, and because the social environment at the time was not one in which it was appropriate to implement a right with vague and uncertain parameters.
Privacy Act 2020
New Zealand has a statute entitled the Privacy Act 2020 (which replaced the Privacy Act 1993). However, despite its declaration that it is an Act to promote and protect individual privacy, it in fact only covers information privacy. The Privacy Act was created to combat concerns about technological advances and their potential to be used to access private information, when this risk had been far less under manual data systems.
The Act contains 13 Information Privacy Principles which govern the handling of private information by agencies. An 'agency' is widely defined as any person or body of persons, whether public or private, and whether corporate or unincorporated, with specified exceptions. There are also numerous exceptions to the Information Privacy Principles, which can be found both within the principles and in other places within the Act.
When an individual feels there has been a breach of the principles he or she can lodge a complaint with the Privacy Commissioner. The Privacy Commissioner investigates the complaint and undertakes a process of conciliation rather than punishment. If the complaint cannot be settled, it may be referred to the Human Rights Review Tribunal, which may or may not consider the situation anew, and it's quite likely that they won't consider a complaint at all (especially if the issue is related to debt). If the Tribunal finds there has been a breach, it may award a range of remedies including damages and restraining orders.
The Privacy Act recognises that privacy is not an absolute concept and that there are other factors which need to be weighed to determine what the outcome should be. The Privacy Commissioner must always have regard to factors such as human rights, social interests, and international obligations and guidelines. The Privacy Commissioner is able to make authorisations regarding the use of private information which would normally be contrary to the Act if he or she is satisfied that the public interest or benefit outweighs the interference with privacy.
Broadcasting Act 1989
The Broadcasting Act 1989 requires broadcasters to maintain standards consistent with the privacy of the individual. The Act establishes the Broadcasting Standards Authority (BSA), which has the functions of receiving and deciding complaints against broadcasters, issuing opinions relating to ethical conduct and standards in broadcasting, and issuing codes of practice for broadcasters and encouraging compliance with them. Privacy is consistently mentioned in the codes and standards of practice issues by the BSA. While the Broadcasting Act does not provide any explanation of what constitutes a breach of privacy, the BSA has seven principles relating to alleged breaches of privacy. In considering a complaint, the BSA can award a variety of remedies if it finds there has been a breach, but there is no ability to take a complaint to a court of law based on the standards contained within the Act.