Does the Privacy Act apply to non-New Zealand citizens?

Yes, it does. The Privacy Act applies to New Zealand-based agencies who must comply with requests for personal information and other Privacy Act obligations whether they hold information about New Zealanders or non-New Zealanders. If you live outside New Zealand, and personal information about you is held by a New Zealand-based agency, the Privacy Act allows you to request to see that information. Under the Act, the agency must comply with the request. It does not matter that you are living outside New Zealand. 

The Privacy Act also applies to overseas entities carrying on business in New Zealand. They must comply with requests for personal information and other Privacy Act obligations whether they hold information about New Zealanders or non-New Zealanders. 

This means if you are not a New Zealand citizen, you will have the same Privacy Act rights as New Zealanders, if the agency holding your personal information is based in New Zealand. 

Updated December 2020