Office of the Privacy Commissioner | Case note 103187 [2008] NZPrivCmr 8: Council charges lawyer for rates information
A couple instructed a lawyer to complete the sale of their property. The lawyer contacted the local council and requested details of the annual rates on the property and confirmation of whether the couple had paid all the rates instalments.
The council provided a copy of the property details and charged a 'Rates Enquiry Fee' of $25. The couple's lawyer queried this fee and the council advised that it was a standard charge for business enquiries.
The couple complained to us that the information requested by their lawyer was personal information, not a business enquiry. They believed that the council was not entitled to levy a charge. We agreed with them.
It is common practice for lawyers to request information on behalf of their clients. Our view is that these requests should be treated as if they were made by the clients themselves.
We were satisfied that the details of the couple's property and payments was personal information about them. They were identified by name, and the information related to their responsibilities in relation to their property.
We wrote to the council pointing out that section 35(1)(e) of the Privacy Act prevents public sector agencies from requiring payment when making information available under principle 6. The council, as a public sector agency, was subject to this section.
We therefore considered that the council had breached principle 6 by charging the couple's lawyer for this information.
As a result of our letter, the council altered its charging policy. It no longer charges for providing information in these circumstances. The council also refunded the $25 that the lawyer had paid. It was willing to contribute to the couple's legal fees, but their lawyer suggested that the council provide some seasonal fruit instead.
On this basis the complaint was settled and we discontinued the investigation.
August 2008
Access to personal information local authority request for rates information personal information charge settlement Privacy Act 1993, principle 6, s 35(1)