agencies to help build their privacy and security capabilities.112 The GCPO accordingly has no role in investigating non-compliance with the Privacy Act. In 2017, the State Services Commissioner designated the Chief Executive of Statistics New Zealand (Stats NZ) as the Government Chief Data Steward. Stats NZ has a key role in supporting government agencies to build their capabilities as regards their use and management of data. This includes the development and implementation of data standards. The principles of transparency, trust and integrity around the use of government data are described by Stats NZ as being “at the heart of this work.”113 The Court considered that the legislative intent instead indicated that privacy law would be left for “incremental development” in the absence of a statutory right to privacy.118 The Court also held that the New Zealand’s international human rights obligations under the ICCPR also provide a basis for the New Zealand common law recognising the tort of breach of privacy.119 2.9 Common law As described earlier in the paper, the common law has long recognised that personal property rights enable “individuals to maintain their right to privacy and their civil liberties in general.”114 The New Zealand Courts have extended these principles to include informational privacy, such as in the Duffield and Moulton cases which regarded the statutory power of police to compulsorily acquire information from arrestees to confirm identity.115 In Moulton, the Court of Appeal held that the statutory power should be confined to recording details necessary to identify the arrestee, and may not be used to compile a personal history or dossier of information on the persons employment record, schooling, friendships, financial circumstances and the like under pain of legal penalty.116 The existence of a tort for breach of privacy in New Zealand law was also inferred by the Court of Appeal in the case of Hosking v Runting.117 In that case, the Court held that the omission in the BORA and the Privacy Act of a free-standing privacy right did not preclude the existence of a common law remedy for breach of privacy. 112 https://www.ict.govt.nz/governance-and-leadership/the-gcio-team/ government-chief-privacy-officer/. 113 https://www.stats.govt.nz/about-us/data-leadership/ 114 Transport Ministry v Payn [1977] 2 NZLR 50 (CA) per Woodhouse J 115 See Butler at 3.3.21 p 58; Duffield v Police (No 2) [1971] NZLR 710, Moulton v Police [1980] 1 NZLR 443. 116 Moulton v Police [1980] 1 NZLR 443 at 446 117 Hosking v Runting [2004] 1 NZLR 1. 118 Ibid at 26. 119 Ibid at 38. 24