Summary of Rights
A Summary of Your Rights Under the Credit Reporting Privacy Code 2004

The Credit Reporting Privacy Code 2004 is issued under the Privacy Act 1993. It promotes fairness, accuracy, and privacy in the practice of credit reporting. Credit reporters gather and sell information about you such as a failure to pay your bills or if you have been made bankrupt. You can find the complete text of the Code and the Privacy Act at Statutes of New Zealand. The Code, together with the Act, gives you specific rights, many of which are summarised below.

Warning: This is only a generalised summary. If there is a difference between this summary and a provision of the Code or Act, the Code or Act prevails.

Limited information can be reported about you

Credit reporters can collect only certain classes of information, set out in the Code, for their credit reporting databases. Credit reporters can generally only disclose this information for 4 to 5 years and can only keep it for a further year. Credit reporters can keep identification information and details of multiple bankruptcies indefinitely.

Only certain people can access your file for certain purposes

The Code limits the people who can gain access to your credit information. These will usually be credit providers who are considering your application for credit. In some strictly limited circumstances, the information may be made available to:

• prospective landlords who have offered you a tenancy;
• prospective employers who have offered you a job, as long as that job involves significant financial risk;
• prospective insurers involved in insuring your mortgage;
• debt collectors enforcing a debt against you;
• people involved in court proceedings; and
• certain public sector agencies acting under another law.

Your credit information may not be disclosed by a credit reporter for direct marketing purposes.

Your consent is required in most situations

Most credit checks can take place only with your consent. This applies to access by credit providers, prospective landlords and prospective employers. Your consent may not be required for access by certain public sector agencies, people involved in court proceedings and debt collectors. The credit reporter must log each access that is made to your information and will normally let you know this information if you ask.

You can find out what is held about you

What you can ask for

You are entitled to ask credit reporters for a copy of the credit information they hold about you. You can ask for just the information in your credit report or for all the information held about you. Extra information not included in your credit report could include things like a complete list of people who have accessed your report. If a credit reporter has generated a credit score about you, you have the right to an explanation of this score.

Getting the information

The credit reporter must provide the information to you without too much delay. If you want the information quickly (within 5 working days) you may need to pay a reasonable charge, but otherwise no charge can be made. A credit reporter must check the identity of anyone making a personal access request. This may involve asking you for certain identification details, although these cannot be added to the credit reporter’s database without your consent.

You can dispute inaccurate information with the credit reporter

Credit reporters must take reasonable steps to ensure the information they hold is accurate, and promptly correct any errors they become aware of. If you tell a credit reporter that your report contains an inaccuracy, the credit reporter must, if appropriate, take steps to correct it. They will usually check the information you provide with the source, such as a credit provider who submitted a default. During this checking process, the credit reporter must flag your report to show that the item has been disputed.

When the credit reporter must make a decision about inaccurate information

The credit reporter must decide as soon as they can whether to make the correction you have requested or to confirm the accuracy of the information. If the credit reporter needs longer than 20 working days to make a decision they must let you know and tell you why.

What happens if the correction you asked for is not made

If the correction you asked for is not made, you must be told why. You may also ask for a note of your request to be added to your file. This note will be included with future reports.

What happens if a correction is made

If a correction is made, the credit reporter must tell anyone who has recently received your credit report. The credit reporter must tell you what they have done and give you a copy of the amended report.

Sometimes correction may not be appropriate

A credit report describes your credit history, not simply your current debts. Certain information can continue to be reported as long as it is updated to reflect later developments. This includes things like a past bankruptcy or a default that has since been paid in full. In this way, the report remains an accurate statement of those past events.

You have the right to complain if you think the Code has been breached

If you believe a credit reporter has breached the Code, you should first approach that credit reporter directly. Each credit reporter must have their own complaints procedure, and a person who specialises in helping to resolve complaints in a way that is fair, simple and efficient.

If your complaint is not resolved, you may complain to the Privacy Commissioner, who has powers to investigate the matter. Some cases that cannot be settled can be taken to the Human Rights Review Tribunal.

In addition to your rights under the Code, you may take a credit reporter to court. You may choose to do this if you are claiming defamation or negligence. For more information, contact a lawyer or community law centre.

You can also read the Summary of Rights in Maori, Samoan and Simplified Chinese.

Contact Address.

Requests for personal information must be in writing or via Shark Patrol's Access to Data Application form
Please note that you may be asked to provide proof of indentity, such as a copy of your current driver's licence or passport.

• Office of the Privacy Commissioner:
• Enquiries line: 0800 803 909
• Email address: enquiries@privacy.org.nz
• Web address: www.privacy.org.nz
• Postal address: PO Box 10094, Wellington 6143

• Office of the Human Rights Review Tribunal
• Phone (04) 462-6660 or Facsimile (04) 462-6686
• Email: tribunals@justice.govt.nz
• Web address: http://www.justice.govt.nz/tribunals/human-rights-review-tribunal
• Postal Address: Private Bag 32001, Panama Street, Wellington 6146

Related Topics