Do agencies based overseas need to have a privacy officer in New Zealand?

An agency’s privacy officer does not have to be located in New Zealand.

However, from experience, we’ve found that it is important to have someone who is familiar with the requirements of New Zealand’s Privacy Act and who can be contacted with enquiries and complaints, particularly if the privacy officer is based overseas.

Agencies will also need to keep in mind that mandatory timeframes for response (for instance the requirement to respond to access requests within 20 working days) will still apply, regardless of where your privacy officer is based.