Part 4 s 50
Privacy Act 2020
(B)
(b)
(2)
Version as at
6 December 2023
would be caused significant distress, loss of dignity, or
injury to feelings by the disclosure of the information; or
after consultation is undertaken (where practicable) by or on behalf of
the agency with the health practitioner of the individual concerned, the
agency is satisfied that—
(i)
the information relates to the individual concerned; and
(ii)
the disclosure of the information (being information that relates to
the physical or mental health of the requestor) would be likely to
prejudice the health of the individual concerned; or
(c)
the individual concerned is under the age of 16 and the disclosure of the
information would be contrary to the interests of the individual con‐
cerned; or
(d)
the disclosure of the information (being information in respect of the
individual concerned who has been convicted of an offence or is or has
been detained in custody) would be likely to prejudice the safe custody
or the rehabilitation of the individual concerned.
In this section,—
health practitioner means—
(a)
a medical practitioner; or
(b)
a person who is, or is deemed to be, registered with an authority appoin‐
ted by or under the Health Practitioners Competence Assurance Act
2003 as a practitioner of a particular health profession and whose scope
of practice includes the assessment of a person’s mental capacity
medical practitioner means a person who—
(a)
is, or is deemed to be, registered with the Medical Council of New Zea‐
land as a practitioner of the profession of medicine; and
(b)
holds a current practising certificate
victim has the meaning given to it in section 8 of the Prisoners’ and Victims’
Claims Act 2005.
Compare: 1993 No 28 ss 27(1)(d), 29(1)(c), (d), (e), (4)
50
Evaluative material as reason for refusing access to personal information
(1)
An agency may refuse access to any personal information requested if—
(a)
44
the information is evaluative material and the disclosure of that informa‐
tion or of the information identifying the person who supplied it would
breach an express or implied promise—
(i)
that was made to the person who supplied the information; and
(ii)
that was to the effect that the information or the identity of the
person who supplied it, or both, would be held in confidence; or