59 Particular notations required to be added
(1) This section applies if—
(a) a person applies to an agency or Minister under section 53 to amend information; and
(b) the agency or Minister has refused to amend the information under section 54E.
(2) The applicant may, whether or not the applicant has applied to the commissioner for review of the decision, by written notice, require the agency or Minister to add to the information a notation—
(a) stating the way in which the applicant claims the information to be inaccurate, incomplete, out-of-date or misleading; and
(b) if the applicant claims the information to be inaccurate or misleading—setting out the amendments the applicant claims are necessary for the information to be accurate or not misleading; and
(c) if the applicant claims the information to be incomplete or out-of-date—setting out the information the applicant claims is necessary to complete the information or to bring it up-to-date.
(3) The agency or Minister must—
(a) comply with the requirements of a notice under this section; and
(b) give the applicant written notice of the nature of the notation; and
(c) if the application made under section 53 was transferred to the agency under section 54A, advise the agency to which the application was originally made (the original agency) of the notation.
(4) Subsection (3)(a) does not require the agency or Minister to make a notation in the words provided by the applicant.
(5) If the original agency is advised of a notation under subsection (3)(c), the original agency must make the same notation to the information in the document it holds.
(6) If the agency or Minister decides the information to which the notice relates does not relate to information about which the applicant was entitled to apply to the agency under section 53—
(a) subsections (2) and (3) do not apply; and
(b) the agency or Minister must give written notice to the applicant of the decision and the reasons for the decision; and
(c) section 34(2)(a), (h) and (i) applies to the notice.
(7) If an agency or Minister (the document holder) discloses to a person (including an agency or Minister) any information contained in the part of its documents to which a notice under this section relates, the document holder—
(a) must ensure the person is given, when the information is disclosed, a statement—
(i) stating that the person, or eligible family member of the person, to whom the information relates claims that the information is inaccurate, incomplete, out-of-date or misleading; and
(ii) setting out particulars of the notation added under this section; and
(b) may include in the statement the reason for the agency’s refusal to amend the information.