IPP 3A is a new requirement under New Zealand’s Privacy Act 2020 that applies when an agency collects personal information indirectly rather than from the individual concerned. In most cases, the agency must take reasonable steps to notify the individual that their information has been collected, why it has been collected, who will receive it, and their rights to access and correct that information.

Workplace investigations can be among the most challenging and sensitive aspects of managing a business and employing staff. These processes can be stressful and disruptive, but there are ways to minimise risks and reduce potential disruption. 

This article explores when it may be appropriate to appoint an external workplace investigator, and why doing so can be critical to ensuring independence, procedural fairness in investigations and defensible outcomes.

Even if a dismissal is found to be unjustified because an employer failed to follow a fair process, an employee may still receive no remedies if their own conduct significantly contributed to the situation. In Stewart v OCDL [2025] NZERA 330, the Employment Relations Authority found that although OCDL had serious procedural flaws in its disciplinary process, Mr Stewart’s conduct, including breaching confidentiality, acting in his own financial interests, and failing to disclose a conflict of interest, was the primary cause of his dismissal. As a result, the Authority applied a 100% reduction of remedies, awarding no compensation or lost wages under sections 123 and 128 of the Employment Relations Act 2000.