Defend a claim

Defend a claim brought under the Privacy Act 2020

You can defend a claim made against you under section 98 of the Privacy Act 2020 by sending a Statement of Reply to the Tribunal. This is an official form you fill in as a defence to the Statement of Claim.

Separate forms are for use if you are:

  • named as a defendant in a Statement of Claim under section 98 of the Privacy Act 2020

Statement of Reply – Privacy Act 2020 [PDF, 236 KB]

  • named as a defendant in an application for an access order under section 104 of the Privacy Act 2020

Enforcement of access direction - Reply – Privacy Act 2020 [PDF, 215 KB]

  • named as a respondent in an appeal against an access direction under section 105 of the Privacy Act 2020

Appeal against an access direction – Reply – Privacy Act 2020 [PDF, 224 KB]

  • named as a respondent in an appeal against a compliance notice or against the decision of the Privacy Commissioner to vary or cancel the notice under section 131 of the Privacy Act 2020

Appeal against a compliance notice - Reply – Privacy Act 2020 [PDF, 153 KB]

  • named by the Privacy Commissioner as a defendant in proceedings for the enforcement of a compliance notice under section 130 of the Privacy Act

Enforcement of compliance notice - Reply – Privacy Act 2020 [PDF, 206 KB]

Your Statement of Reply must be received by the Tribunal within 22 working days after the day on which you receive the Statement of Claim.

Seek legal advice if there is anything you don’t understand.

Defend a claim brought under the Human RIghts Act 1993 and Health and Disability Commissioner Act 1994

You can defend a claim made against you brought under the Human Rights Act 1993 and Health and Disability Commissioner Act 1994 by sending a Statement of Reply to the Tribunal. This is an official form you fill in as a defence to the Statement of Claim.

Your Statement of Reply must be received by the Tribunal within 22 working days after the day on which you receive the Statement of Claim.

Seek legal advice if there is anything you don’t understand.

Find out more about how to reply to a claim and what to expect in our guide:

Guide to filing a reply [PDF, 462 KB]

Form to file a reply

Statement of reply [PDF, 386 KB]

Important tips for writing your Statement of reply brought under the Privacy Act 2020, the Human Rights Act 1993 and the Health and Disability Commissioner Act 1994

Your Statement of reply must include:

  1. The case number – that is the number that appears after ‘HRRT No.’ in the top right of the Statement of claim. Disregard the ‘office use only’ in the top-right corner of the form.
  2. The plaintiff’s name from the Statement of claim.
  3. Your name, occupation, physical address and postal address.
  4. Your daytime contact phone number(s), email address and/or fax number.
  5. If you have a representative you must provide their full details. If your representative is not a lawyer you must also complete an Authority to Act form.
  6. Look at the facts of the case in Part 4 of the Statement of claim. Each fact/allegation should be set out in numbered paragraphs. You should respond to every fact/allegation and say whether you accept or reject the allegation made. If you reject an allegation, you should briefly say why and, if appropriate, give your own version of the matter.
  7. Your signature and the date.
  8. You must provide the Tribunal with an original plus three copies of your Statement of reply.
  9. A copy of your Statement of reply must also be sent to the plaintiff(s).

If you don’t defend a Statement of Claim or an appeal

If you decide not to file a Statement of Reply or an appeal, the case can go to a hearing without you.

Representation

You don’t need to have a lawyer or a representative to defend a claim. It is highly recommended that you are represented by someone with experience in dealing with the type of claim you are defending. If your representative is not a lawyer, you will need to complete an Authority to Act form:

Authority to act [PDF, 451 KB]

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