Hager takes Westpac to Human Rights Review Tribunal

Recently the Privacy Commissioner upheld Nicky Hager’s complaint against Westpac for breaching his privacy – see Privacy Commissioner upholds Hager complaint against Westpac.

That is only advisory (toothless) so Hager has now filed a case against Westpac with the Human Rights Review Tribunal.


Nicky Hager files proceedings in the Human Rights Review Tribunal

Nicky Hager has filed a case against Westpac with the Human Rights Review Tribunal. This is yet another step in Mr Hager’s response to the unlawful search of his home and private information by Police.

The Privacy Commissioner recently upheld Mr Hager’s complaint against Westpac for breaching his privacy. However, the Privacy Commissioner’s decision is advisory only. To obtain binding orders, Mr Hager needs to take his case to the Human Rights Review Tribunal.

Mr Hager believes the attitude of Westpac has left him with no choice but to continue with his case. “He has asked Westpac to acknowledge that it breached his rights.

Despite the Privacy Commissioner’s ruling, it has not been prepared to do that,” Mr Hager’s lawyer Felix Geiringer said.

Mr Hager will be asking the Human Rights Review Tribunal for binding orders requiring that Westpac not give its customers’ bank transaction data to the Police without a production order.

There may be thousands of people in the same position as Mr Hager, but who do not know it. “He has also asked the Human Rights Review Tribunal for an order requiring Westpac to notify everyone whose privacy may have already been breached,” Mr Geiringer said.

Even if Mr Hager is successful before the Human Rights Review Tribunal, the broader issue may remain. “This issue does not just relate to Westpac. All New Zealand’s banks had the same arrangement with the Police. Many other companies have also been releasing personal information without asking for a production order.”

A claim against the Police for making the requests is still before the High Court.

29 Comments

  1. Blazer

     /  February 23, 2017

    Westpac the govts bank.

  2. John Schmidt

     /  February 23, 2017

    Remembering this all started with his involvement in hacking that led to a book that ultimately was part if a conspiracy to undermine the last election process as he has done multiple times for a number of elections. No doubt he has something cooking for the up coming election and needs freedom to operate outside of the law with impunity.
    He has made a career out of this using half truths and his version of events. It is clear that Hagar is using his wealth (family money) to position himself so that he can operate beyond the law. Once he completes this journey he will be free to do pretty much as he wishes as no authority will be willing to take him on. His next book must be a beauty if he is going to this length.

    • duperez

       /  February 23, 2017

      A number of the qualities and attributes of the USA President are credited to Hagar here. Maybe he’s in the right business.

    • Anonymous Coward

       /  February 23, 2017

      I believe this one is for every customer of Westpac and not so much for Hager. He’s won his case but what it turned up is that Westpac believes that by signing up for an account you sign away your right to privacy under the privacy act, Say what you will about Hager, but this is important.

  3. Strong For Life

     /  February 23, 2017

    Diddums!! What a hypocrite Hagar is. Here’s a chap, a storyteller, er… journalist who makes his living using stolen or hacked data, and bends it to his narrow viewpoint with lies, slander and innuendo usually with no corroborating evidence.

    Of course he has something planned for the next election. It is obvious with the reappearance of the disgusting Harre, Jackson and the way Little has been behaving that the Left believe Hagar’s next work will be the one that clinches the election for the Labour/Greens.

    • Blazer

       /  February 23, 2017

      can’t see any libel suits against Hager….the truth is a strong…deterrent.

      • High Flying Duck

         /  February 24, 2017

        It’s not necessarily libel – it would be his honest opinion. The emails are real, but some of his conclusions and contexts he derived from them have been shown to be false.

        • Blazer

           /  February 24, 2017

          any examples?

          • High Flying Duck

             /  February 24, 2017

            There have been, but only left wing Hager sycophants write about the book now so there is nothing online.
            I will retract in the absence of available evidence, although I still believe i am correct.

    • Pete Kane

       /  February 24, 2017

      At least we know who he is!

  4. Ray

     /  February 23, 2017

    I wonder if Hager can spell hypocrite?

    • Gezza

       /  February 23, 2017

      I wonder who Hagar is and if heshe realises how often heshe gets slagged off by ignorant people?😳

        • High Flying Duck

           /  February 24, 2017
          • Gezza

             /  February 24, 2017

            Lol. I thought I knew that name from somewhere other than the bible, but that cartoon didn’t come up first when I googled. (Funnily enough, Sammy does have the same sort of look.)

            I know exactly how Hagar The Horrible feels. 😛

            • High Flying Duck

               /  February 24, 2017

              What? Under the thumb of a dominant woman who despite your male bravado controls your life?

            • High Flying Duck

               /  February 24, 2017

              I think I’ve stolen your phantom downticker…

            • Gezza

               /  February 24, 2017

              Exactly. She’s staying over again tonite so Czech exit on the cards. We’re both taking ma to dinner at the pub for her 90th birthday so I can get her tiddly. It’s the only way ma will ever give me a hug.They’re not huggy people, are dad and her.

              We’ve had a few fine days in North Welly now, & I’ve saved up my dirty washing. If the LF wants to demand that she be the one to do my washing and hang it out, I don’t have the *guts* to argue with her, so I just give in meekly & let her sing away happily as she does it.

              I’ve saved up today’s dirty dishes so she can dominate me over those as well. 😛

              But I also mean, I have a duck like that one. Stroppy little madam. Chases the other ducks away, kvacking at them and pulling their feathers.

            • Gezza

               /  February 24, 2017

              “I think I’ve stolen your phantom downticker…”

              Looks like heshe phoned a friend… :/

            • High Flying Duck

               /  February 24, 2017

              Glad Welly is finally joining in on Summer. Sounds like you’ve made it a pretty comfortable gig under that thumb! 🙂

            • Nelly Smickers

               /  February 24, 2017

              Opening weekend *6th May* – getting close Geez….I just got the second to last one out of the freezer for tomorrow night…..Wayne sez keep *fattening ’em up* for him and the boyz 😄

  5. Pete Kane

     /  February 24, 2017

    Where and when did Wayne bag that one?

  6. Kevin

     /  February 24, 2017

    Westpac should claim public interest.

  7. Franky

     /  February 24, 2017

    If Hager wants to effectively receive underwear stolen from top drawers to make a profit from he needs to understand the flip side is his drawers can be overturned at will.
    A filthy little information pervert.

    • No it doesn’t work like that. No matter what Hager has done with illegally obtained data that doesn’t justify Westpac or the police to act unlawfully.

      • PDB

         /  February 27, 2017

        True PG – though I’ve often wondered what would happen if Slater took Hager to court for peddling his stolen information? I’d doubt a case for ‘public interest’ would save Hager as his book showed no illegalities had taken place. The fact Hager never offered any balance to his story by seeking comment from the people written about in his book would count against him.

  8. Landon

     /  February 27, 2017

    It’ll be interesting to read the HRRT’s decision eventually – unfortunately there isn’t enough publicly available information yet to assess whether the Privacy Commissioner got this decision right or wrong, or how the decision more broadly applies to disclosures made under the “maintenance of law” exception.