Ombudsmen Act 1975

1: Short Title and commencement
1: This Act may be cited as the Ombudsmen Act 1975.
2: Part 3 sections 13 18 22
3: Except as provided in subsection (2), this Act shall come into force upon its passing.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 April 1976 Ombudsmen Act Commencement Order 1975 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— Ombudsman public service agencies Parts 1 to 1C public service agency
a: a departmental agency listed in the first column of the table in Part 1A
b: an interdepartmental executive board listed in the first column of the table in Part 1B State enterprise
a: an organisation that is a State enterprise within the meaning of section 2 Part 2
b: an organisation that was a State enterprise within the meaning of section 2 Part 2
2: For the purposes of Part 2 Companies Act 1993
a: a Crown Research Institute if the Crown Research Institute, whether alone or together with any other Crown Research Institute, directly or indirectly owns, or controls the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital):
b: Health New Zealand if Health New Zealand
c: a State enterprise if the State enterprise, whether alone or together with any other State enterprise, directly or indirectly owns, or controls the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital):
d: the Māori Health Authority if the Māori Health Authority directly or indirectly owns, or controls the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital).
3:
4:
5: Section 2 replaced 10 April 1992 Ombudsmen Amendment Act 1992 section 2(1) public service agencies inserted 7 August 2020 section 113 Public Service Act 2020 Section 2(2) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(2)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(2)﻿(d) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(3) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(4) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(5) repealed 24 October 2018 section 24 Education Amendment Act 2018
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 11 March 2020 section 4 Ombudsmen (Protection of Name) Amendment Act 2020 Ombudsmen
3: Ombudsmen
1: There shall be appointed, as officers of Parliament and Commissioners for Investigations, 1 or more Ombudsmen.
2: Subject to the provisions of section 7
3: No person shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 the Government Superannuation Fund Act 1956
4: One of the Ombudsmen shall be so appointed as Chief Ombudsman, and shall be responsible for the administration of the office, and the co-ordination and allocation of the work between the Ombudsmen.
5: In any case where the Governor-General is satisfied that the Chief Ombudsman is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Governor-General may appoint one of the other Ombudsmen to act for the Chief Ombudsman during his incapacity.
6: No appointment of an acting Chief Ombudsman and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased. 1962 No 10 s 2 Section 3(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 3(3) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
4: Ombudsmen to hold no other office
An Ombudsman shall not be capable of being a member of Parliament or of a local authority, and shall not, without the approval of the Prime Minister in each particular case, hold any office of trust or profit, other than his office as an Ombudsman, or engage in any occupation for reward outside the duties of his office. 1962 No 10 s 3
5: Term of office of Ombudsmen
1: Except as otherwise provided in this Act, every Ombudsman shall hold office for a term of 5 years.
2: Unless his office sooner becomes vacant, every person appointed as an Ombudsman shall hold office until his successor is appointed. Every such person may from time to time be reappointed.
3: Any Ombudsman may at any time resign his office by writing addressed to the Speaker of the House of Representatives, or to the Prime Minister if there is no Speaker or the Speaker is absent from New Zealand, and (except in the case of an Ombudsman appointed under section 8 1962 No 10 s 4
6: Removal or suspension from office
1: Any Ombudsman may at any time be removed or suspended from his office by the Governor-General, upon an address from the House of Representatives, for inability to perform the functions of the office
2: At any time when Parliament is not in session, any Ombudsman may be suspended from his office by the Governor-General in Council for inability to perform the functions of the office 1962 No 10 s 5 Section 6(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 6(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
7: Filling of vacancy
1: If any Ombudsman dies, or resigns his office, or is removed from office, the vacancy thereby created shall be filled in accordance with this section.
2: If any vacancy in the office of an Ombudsman occurs at any time while Parliament is in session, it shall be filled by the appointment of an Ombudsman by the Governor-General on the recommendation of the House of Representatives: provided that if the vacancy occurs less than 2 months before the close of that session and no such recommendation is made in that session, the provisions of subsection (3) shall apply as if the vacancy had occurred while Parliament was not in session.
3: If any such vacancy occurs at any time while Parliament is not in session, the following provisions shall apply:
a: the Governor-General in Council may appoint an Ombudsman to fill the vacancy, and the person so appointed shall, unless his office sooner becomes vacant, hold office until his appointment is confirmed by the House of Representatives:
b: if the appointment is not so confirmed within 2 months after the commencement of the next ensuing session, the appointment shall lapse and there shall be deemed to be a further vacancy in the office of an Ombudsman. 1962 No 10 s 6
8: Temporary appointments of Ombudsmen
1: The Governor-General may, at any time during the illness or absence of any Ombudsman, or for any other temporary purpose whatsoever, appoint an Ombudsman to hold office in accordance with this section, and every such Ombudsman shall be paid such salary, not exceeding the amount payable in accordance with section 9
2: The power conferred by this section shall be exercised only on a certificate signed by the Chief Ombudsman to the effect that, in his opinion, it is necessary for the due conduct of the business of the Ombudsmen under this Act that an additional Ombudsman should be temporarily appointed.
3: Subject to sections 5 to 7
4: An Ombudsman appointed under this section may from time to time be reappointed, but no Ombudsman shall hold office under this section for more than 5 years in the aggregate.
5: The provisions of section 7
9: Salaries and allowances of Ombudsmen
1: There shall be paid to each Ombudsman out of public money
a: a salary at such rate as the Remuneration Authority
b: such allowances as are from time to time determined by the Remuneration Authority
2: In the case of the Chief Ombudsman, the rate of salary and the allowances determined may be higher than those of the other Ombudsmen.
3: The salary of an Ombudsman is not to be diminished during the continuance of the Ombudsman's appointment.
4: Notwithstanding anything in subsection (1), there shall be paid to each Ombudsman, in respect of time spent in travelling in the exercise of his functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 Section 9 replaced 29 October 1985 section 9(2) Higher Salaries Commission Amendment Act (No 2) 1985 Section 9(1) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 9(1)﻿(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 9(1)﻿(b) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
10: Oath to be taken by Ombudsmen
1: Before entering upon the exercise of the duties of his office an Ombudsman shall take an oath that he will faithfully and impartially perform the duties of his office, and that he will not, except in accordance with section 21
2: The oath shall be administered by the Speaker or the Clerk of the House of Representatives. 1962 No 10 s 8
11: Staff
1: The Chief Ombudsman may appoint such officers and employees (including acting, temporary, or casual officers and employees) as may be necessary for the efficient carrying out of the functions, duties, and powers of the Ombudsmen under this Act.
2: Except where this Act otherwise expressly provides, the Chief Ombudsman shall have all the rights, duties, and powers of an employer in respect of the persons appointed under subsection (1).
3: The Chief Ombudsman shall operate a personnel policy that complies with the principle of being a good employer.
4: No person appointed under subsection (1) shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 Section 11 replaced 2 September 1996 Ombudsmen Amendment Act 1996 Section 11(4) amended 7 August 2020 section 135 Public Service Act 2020
12: Superannuation or retiring allowances of Ombudsmen and staff
For the purpose of providing superannuation or retiring allowances for any Ombudsman and any officer or employee appointed under this Act, there may from time to time be paid sums by way of contributions or subsidies to any retirement scheme (within the meaning of section 6(1) Section 12 replaced 18 December 1992 Higher Salaries Commission Amendment Act (No 2) 1992 Section 12 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Functions of Ombudsmen
13: Functions of Ombudsmen
1: Subject to section 14 public service agencies or organisations named in Parts 1 to 1C 2 Part 3 public service agency
2: Subject to section 14 public service agency Part 3
3: Each Ombudsman may make any such investigation either on a complaint made to an Ombudsman by any person or of his own motion; and where a complaint is made he may investigate any decision, recommendation, act, or omission to which the foregoing provisions of this section relate, notwithstanding that the complaint may not appear to relate to that decision, recommendation, act, or omission.
4: Without limiting the foregoing provisions of this section, it is hereby declared that any committee of the House of Representatives may at any time refer to an Ombudsman, for investigation and report by an Ombudsman, any petition that is before that committee for consideration, or any matter to which the petition relates. In any such case, an Ombudsman shall, subject to any special directions of the committee, investigate the matters so referred, so far as they are within his jurisdiction, and make such report to the committee as he thinks fit. Nothing in section 17 section 22 section 24
5: Without limiting the foregoing provisions of this section, it is hereby declared that at any time the Prime Minister may, with the consent of the Chief Ombudsman, refer to an Ombudsman for investigation and report any matter, other than a matter concerning a judicial proceeding, which the Prime Minister considers should be investigated by an Ombudsman. Where a matter is referred to an Ombudsman pursuant to this subsection, he shall, notwithstanding anything to the contrary in this Act, forthwith investigate that matter and report thereon to the Prime Minister, and may thereafter make such report to Parliament on the matter as he thinks fit. Nothing in section 22
6: The powers conferred on Ombudsmen by this Act may be exercised notwithstanding any provision in any enactment to the effect that any such decision, recommendation, act, or omission shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the person or organisation whose decision, recommendation, act, or omission it is shall be challenged, reviewed, quashed, or called in question.
7: Nothing in this Act shall authorise an Ombudsman to investigate—
a: any decision, recommendation, act, or omission in respect of which there is, under any legislation provided that the Ombudsman may conduct an investigation (not being an investigation relating to any decision, recommendation, act, or omission to which any other paragraph of this subsection applies) notwithstanding that the complainant has or had such right if by reason of special circumstances it would be unreasonable to expect him to resort or have resorted to it:
b: any decision, recommendation, act, or omission of any person in his capacity as a trustee within the meaning of the Trusts Act 2019
c: any decision, recommendation, act, or omission of any person acting as legal adviser to the Crown pursuant to the rules for the time being approved by the Government for the conduct of Crown legal business, or acting as counsel for the Crown in relation to any proceedings:
d: any decision, recommendation, act, or omission of any constable constable
8: Nothing in this Act shall authorise an Ombudsman to investigate any matter relating to any person who is or was a member of or provisional entrant to the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, so far as the matter relates to—
a: the terms and conditions of his service as such member or entrant; or
b: any order, command, decision, penalty, or punishment given to or affecting him in his capacity as such member or entrant.
9: If any question arises whether an Ombudsman has jurisdiction to investigate any case or class of cases under this Act, he may, if he thinks fit, apply to the High Court Declaratory Judgments Act 1908 1962 No 10 s 11 1968 No 138 s 2 Section 13(1) amended 7 August 2020 section 114(1) Public Service Act 2020 Section 13(1) amended 7 August 2020 section 114(2) Public Service Act 2020 Section 13(2) amended 7 August 2020 section 114(2) Public Service Act 2020 Section 13(7)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(7)﻿(b) amended 30 January 2021 section 161 Trusts Act 2019 Section 13(7)﻿(d) replaced 1 April 1989 section 39(1) Independent Police Conduct Authority Act 1988 Section 13(7)﻿(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 13(9) amended 1 April 1980 section 12 Judicature Amendment Act 1979
14: Limitation of time for certain complaints in respect of local organisations
Nothing in section 13 Part 3 Part 3
15: House of Representatives may make rules for guidance of Ombudsmen
1: The House of Representatives may from time to time, if it thinks fit, make general rules for the guidance of the Ombudsmen in the exercise of their functions under this Act or under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 Protected Disclosures (Protection of Whistleblowers) Act 2022 or under the Oversight of Oranga Tamariki System Act 2022
2: Any such rules may authorise an Ombudsman from time to time, in the public interest or in the interests of any person or public service agency or under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 Protected Disclosures (Protection of Whistleblowers) Act 2022 or under the Oversight of Oranga Tamariki System Act 2022 the House of Representatives
3: Rules under this section—
a: are secondary legislation ( see Part 3
b: come into force in accordance with the rules, even if they are not yet published.
4: The Clerk of the House of Representatives must lodge the rules with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 1962 No 10 s 12 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 15(1) amended 1 May 2023 section 62(1) Oversight of Oranga Tamariki System Act 2022 Section 15(1) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 15(1) amended 22 October 2003 section 3 Ombudsmen Amendment Act 2003 Section 15(1) amended 1 July 1983 Ombudsmen Amendment Act (No 2) 1982 Section 15(2) amended 1 May 2023 section 62(2) Oversight of Oranga Tamariki System Act 2022 Section 15(2) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 15(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(2) amended 22 October 2003 section 3 Ombudsmen Amendment Act 2003 Section 15(2) amended 1 January 1987 section 27 Constitution Act 1986 Section 15(2) amended 1 July 1983 Ombudsmen Amendment Act (No 2) 1982 Section 15(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Mode of complaint
1: A complaint to an Ombudsman may be made in writing or orally.
1A: A complaint made orally shall be put in writing as soon as practicable.
2: Notwithstanding any provision in any enactment, where any letter appearing to be written by any person in custody on a charge or after conviction of any offence, or by any patient of any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 1962 No 10 s 13 Section 16(1) replaced 9 December 1991 Ombudsmen Amendment Act 1991 Section 16(1A) inserted 9 December 1991 Ombudsmen Amendment Act 1991 Section 16(2) amended 1 November 1992 section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992
17: Ombudsman may refuse to investigate complaint
1: An Ombudsman may refuse to investigate or further investigate a complaint if it appears to the Ombudsman that,—
a: under the law or existing administrative practice, the complainant has an adequate remedy or right of appeal (other than the right to petition the House of Representatives) and it is, or would have been, reasonable for the complainant to resort to that remedy or right of appeal; or
b: the complaint relates to a decision, recommendation, act, or omission that the complainant has known about for more than 12 months; or
c: the subject matter of the complaint is trivial; or
d: the complaint is frivolous or vexatious or is not made in good faith; or
e: the complainant does not have a sufficient personal interest in the subject matter of the complaint; or
f: having regard to all the circumstances of the case,—
i: following preliminary inquiries, an investigation is unnecessary; or
ii: having commenced an investigation, further investigation is unnecessary.
2: If an Ombudsman refuses to investigate or further investigate a complaint, the Ombudsman must inform the complainant of the decision and give his or her reasons for it. Section 17 replaced 26 March 2015 section 4 Ombudsmen Amendment Act 2015
17A: Referral of complaint to Privacy Commissioner
1: Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Privacy Commissioner under the Privacy Act 2020
2: As soon as practicable after consulting with the Privacy Commissioner under subsection (1), the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.
3: If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Privacy Act 2020 Section 17A inserted 1 July 1993 Ombudsmen Amendment Act 1993 Section 17A(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 17A(3) amended 1 December 2020 section 217 Privacy Act 2020
17B: Referral of complaint to Health and Disability Commissioner
1: Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994
2: As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1), the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.
3: If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994 Section 17B inserted 1 July 1996 section 76(1) Health and Disability Commissioner Act 1994
17C: Referral of complaint to Inspector-General of Intelligence and Security
1: Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Inspector-General of Intelligence and Security holding office under section 157
2: As soon as practicable after consulting with the Inspector-General of Intelligence and Security under subsection (1), the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.
3: If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under subpart 1 Section 17C inserted 2 July 1996 section 30 Inspector-General of Intelligence and Security Act 1996 Section 17C(1) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 17C(3) amended 28 September 2017 section 335 Intelligence and Security Act 2017
18: Proceedings of Ombudsmen
1: Before investigating any matter under this Act, an Ombudsman shall inform the chief executive (for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of the interdepartmental venture chief executive
2: Every investigation by an Ombudsman under this Act shall be conducted in private.
3: An Ombudsman may hear or obtain information from such persons as he thinks fit, and may make such inquiries as he thinks fit. It shall not be necessary for an Ombudsman to hold any hearing, and no person shall be entitled as of right to be heard by an Ombudsman: provided that if at any time during the course of an investigation it appears to an Ombudsman that there may be sufficient grounds for his making any report or recommendation that may adversely affect any public service agency public service agency
4: In the case of an investigation relating to a public service agency or organisation named in Schedule 1 section 22
5: In the case of an investigation relating to an organisation named or specified in Part 3 chairperson chairperson section 22
6: If, during or after any investigation, an Ombudsman public service agency
7: Subject to the provisions of this Act and of any rules made for the guidance of Ombudsmen by the House of Representatives and for the time being in force, an Ombudsman may regulate his procedure in such manner as he thinks fit. 1962 No 10 s 15 Section 18(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 18(1) amended 1 April 1988 section 90(d) State Sector Act 1988 Section 18(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(5) amended 1 July 2003 section 262 Local Government Act 2002 Section 18(6) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(6) amended 23 November 1982 Ombudsmen Amendment Act 1982
19: Evidence
1: Subject to the provisions of this section and of section 20 public service agency public service agency
2: An Ombudsman may summon before him and examine on oath—
a: any person who is an officer or employee or member of any public service agency Schedule 1
b: any complainant; or
c: with the prior approval of the Attorney-General in each case, any other person who in the Ombudsman's opinion is able to give any such information— and for that purpose may administer an oath. Every such examination by the Ombudsman shall be deemed to be a judicial proceeding within the meaning of section 108
3: Subject to this section and to section 20(1) secondary legislation within the meaning of the Legislation Act 2019
4: Compliance with a requirement of an Ombudsman (being a requirement made pursuant to subsection (3)) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.
5: Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things as witnesses have in any court.
5A: In any investigation carried out under this Act pursuant to the Official Information Act 1982 Local Government Official Information and Meetings Act 1987
a: requiring, under subsection (1), the furnishing of any information or the production of any document, paper, or thing for which privilege is claimed by any person; and
b: considering the information or inspecting any such document, paper, or thing— for the purpose of determining whether the information, document, paper, or thing would be properly withheld, but not so as to give the Ombudsman any information, or enable the Ombudsman to make any use of the information, document, paper, or thing that he or she would not, apart from this subsection, be entitled to.
5B: On the production of any information, document, paper, or thing pursuant to subsection (5A), the Ombudsman—
a: must not release the information, document, paper, or thing, or any information derived from the document, paper, or thing to any person other than—
i: the producer of the information, document, paper, or thing; or
ii: any barrister or solicitor engaged by the Ombudsman for the purpose of providing legal advice as to whether the information, document, paper, or thing would be properly withheld by that producer under subsection (5); or
iii: a court:
b: may give his or her opinion only to the producer of the information, document, paper or thing and the complainant as to whether or not the claim of privilege is valid:
c: must not take into account the information or any information in the document, paper, or thing in forming any opinion concerning the release of any other information, unless the Ombudsman considers the claim of privilege is not valid and has notified the person concerned of that decision.
6: Except on the trial of any person for perjury within the meaning of the Crimes Act 1961
7: No person shall be liable to prosecution for an offence against
8: Where any person is required by an Ombudsman to attend before him for the purposes of this section, the person shall be entitled to the same fees, allowances, and expenses as if he were a witness in a court, and the provisions of any regulations in that behalf made under the Criminal Procedure Act 2011 1962 No 10 s 16 Section 19(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 19(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 19(3) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 19(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4) replaced 1 April 1987 section 24(1) Official Information Amendment Act 1987 Section 19(5A) inserted 17 September 1997 section 2 Ombudsmen Amendment Act 1997 Section 19(5A) amended 15 December 2005 section 3 Ombudsmen Amendment Act 2005 Section 19(5B) inserted 17 September 1997 section 2 Ombudsmen Amendment Act 1997 Section 19(7) amended 1 July 1983 Ombudsmen Amendment Act (No 2) 1982 Section 19(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
20: Disclosure of certain matters not to be required
1: Where the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or paper or thing—
a: might prejudice the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation), or the investigation or detection of offences; or
b: might involve the disclosure of the deliberations of Cabinet; or
c: might involve the disclosure of proceedings of Cabinet, or of any committee of Cabinet, relating to matters of a secret or confidential nature, and would be injurious to the public interest— an Ombudsman shall not require the information or answer to be given or, as the case may be, the document or paper or thing to be produced.
2: Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document or paper, or the refusal to answer any question, on the ground that the disclosure of the document or paper or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by or proceedings before an Ombudsman. 1962 No 10 s 17
21: Ombudsmen and staff to maintain secrecy
1: Every Ombudsman and every person holding any office or appointment under the Chief Ombudsman shall be deemed for the purposes of sections 105 105A
2: Every Ombudsman and every such person as aforesaid shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions.
3: Every person holding any office or appointment under the Chief Ombudsman shall, before he begins to perform any official duty under this Act, take an oath, to be administered by an Ombudsman, that he will not divulge any information received by him under this Act except for the purpose of giving effect to this Act.
4: Notwithstanding anything in subsections (1) to (3), an Ombudsman may disclose such matters as in the Ombudsman's opinion ought to be disclosed for the purposes of an investigation or in order to establish grounds for the Ombudsman's conclusions and recommendations.
5: The power conferred by subsection (4) shall not extend to—
a: any matter that might prejudice—
i: the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation); or
ii: any interest protected by section 7
iii: the prevention, investigation, or detection of offences; or
b: any matter that might involve the disclosure of the deliberations of Cabinet; or
c: any information, answer, document, paper, or thing obtained by an Ombudsman by reason only of compliance with a requirement made pursuant to subsection (3) of section 19 1962 No 10 s 18 Section 21(1) amended 1 July 1983 Ombudsmen Amendment Act (No 2) 1982 Section 21(4) replaced 1 April 1987 section 24(2) Official Information Amendment Act 1987 Section 21(5) inserted 1 April 1987 section 24(2) Official Information Amendment Act 1987
21A: Consultation with Privacy Commissioner
Notwithstanding anything in section 21 Privacy Act 2020
a: for the purposes of making a determination under section 17A
b: in relation to any matter arising out of or in the course of an investigation under this Act or any other enactment:
c: in relation to any matter relating to privacy, whether or not the matter arises out of a particular complaint made under this Act,— and for the purposes of any such consultation, an Ombudsman may disclose to the Privacy Commissioner such information as the Ombudsman considers necessary for that purpose. Section 21A inserted 1 July 1993 Ombudsmen Amendment Act 1993 Section 21A amended 1 December 2020 section 217 Privacy Act 2020
21B: Consultation with Health and Disability Commissioner
Notwithstanding anything in section 21 Health and Disability Commissioner Act 1994
a: for the purposes of making a determination under section 17B
b: in relation to any matter arising out of or in the course of an investigation under this Act or any other enactment:
c: in relation to any matter that is within the jurisdiction of the Health and Disability Commissioner, whether or not the matter arises out of a particular complaint made under this Act,— and, for the purposes of any such consultation, an Ombudsman may disclose to the Health and Disability Commissioner such information as the Ombudsman considers necessary for that purpose. Section 21B inserted 1 July 1996 section 76(2) Health and Disability Commissioner Act 1994
21C: Consultation with Inspector-General of Intelligence and Security
Notwithstanding anything in section 21 section 157
a: for the purposes of making a determination under section 17C
b: in relation to any matter arising out of or in the course of an investigation under this Act or any other enactment:
c: in relation to any matter that is within the jurisdiction of the Inspector-General of Intelligence and Security, whether or not the matter arises out of a particular complaint made under this Act,— and for the purposes of any such consultation, an Ombudsman may disclose to the Inspector-General of Intelligence and Security such information as the Ombudsman considers necessary for that purpose. Section 21C inserted 2 July 1996 section 31 Inspector-General of Intelligence and Security Act 1996 Section 21C amended 28 September 2017 section 335 Intelligence and Security Act 2017
22: Procedure after investigation
1: The provisions of this section shall apply in every case where, after making any investigation under this Act, an Ombudsman is of opinion that the decision, recommendation, act, or omission which was the subject matter of the investigation—
a: appears to have been contrary to law; or
b: was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or any legislation
c: was based wholly or partly on a mistake of law or fact; or
d: was wrong.
2: The provisions of this section shall also apply in any case where an Ombudsman is of opinion that in the making of the decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations, or that, in the case of a decision made in the exercise of any discretionary power, reasons should have been given for the decision.
3: If in any case to which this section applies an Ombudsman is of opinion—
a: that the matter should be referred to the appropriate authority for further consideration; or
b: that the omission should be rectified; or
c: that the decision should be cancelled or varied; or
d: that any practice on which the decision, recommendation, act, or omission was based should be altered; or
e: that any law on which the decision, recommendation, act, or omission was based should be reconsidered; or
f: that reasons should have been given for the decision; or
g: that any other steps should be taken— the Ombudsman shall report his opinion, and his reasons therefor, to the appropriate department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or venture or venture Schedule 1 Part 3 chairperson
4: If within a reasonable time after the report is made no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any public service agency the House of Representatives
5: The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the public service agency
6: Subsections (4) and (5) shall not apply in the case of an investigation relating to an organisation named or specified in Part 3
7: Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this Act, make any comment that is adverse to any person unless the person has been given an opportunity to be heard. 1962 No 10 s 19 Section 22(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 22(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(4) amended 1 January 1987 section 27 Constitution Act 1986 Section 22(5) amended 7 August 2020 section 135 Public Service Act 2020
23: Ombudsman may require publication of summary of report
1: Where an Ombudsman has prepared a report under subsection (3) of section 22 Part 3 chief executive that chief executive
2: Before forwarding any such written summary to the appropriate chief executive
3: Within 1 week after the report is received by the organisation, the chief executive
4: Every such report shall be made available for a period of 4 weeks from the date of the first publication of the public notice. Section 23(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 23(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 23(3) amended 1 July 2003 section 262 Local Government Act 2002
24: Complainant to be informed of result of investigation
1: Where, on any investigation following a complaint, an Ombudsman makes a recommendation under subsection (3) of section 22
2: The Ombudsman shall in any case inform the complainant, in such manner and at such time as he thinks proper, of the result of the investigation. 1962 No 10 s 20
25: Proceedings not to be questioned or to be subject to review
No proceeding of an Ombudsman shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of an Ombudsman shall be liable to be challenged, reviewed, quashed, or called in question in any court. 1962 No 10 s 21
26: Proceedings privileged
1: Subject to subsection (2),—
a: no proceedings, civil or criminal, shall lie against any Ombudsman, or against any person holding any office or appointment under the Chief Ombudsman, for anything he may do or report or say in the course of the exercise or intended exercise of his functions under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022
b: no Ombudsman, and no such person as aforesaid, shall be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022
2: Nothing in subsection (1) applies in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
c: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
3: Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry by or proceedings before an Ombudsman under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022
4: For the purposes of clause 3 Official Information Act 1982 Local Government Official Information and Meetings Act 1987 or under the Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 26 replaced 1 July 1983 Ombudsmen Amendment Act (No 2) 1982 Section 26(1)﻿(a) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 26(1)﻿(a) amended 22 October 2003 section 5(1) Ombudsmen Amendment Act 2003 Section 26(1)﻿(a) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 26(1)﻿(b) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 26(1)﻿(b) amended 22 October 2003 section 5(1) Ombudsmen Amendment Act 2003 Section 26(1)﻿(b) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 26(2)﻿(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 26(2)﻿(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 26(2)﻿(c) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 26(3) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 26(3) amended 22 October 2003 section 5(1) Ombudsmen Amendment Act 2003 Section 26(3) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 26(4) replaced 1 February 1993 section 56(1) Defamation Act 1992 Section 26(4) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 26(4) amended 22 October 2003 section 5(2) Ombudsmen Amendment Act 2003 Miscellaneous provisions
27: Power of entry on premises
1: For the purposes of this Act, but subject to the provisions of this section, an Ombudsman may at any time enter upon any premises occupied by any of the public service agencies Schedule 1 sections 19 20
2: Before entering upon any such premises an Ombudsman shall notify the chief executive (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture chief executive
3: The Attorney-General may from time to time by notice to the Chief Ombudsman exclude the application of subsection (1) to any specified premises or class of premises, if he is satisfied that the exercise of the power conferred by this section might prejudice the security, defence, or international relations of New Zealand, including New Zealand's relations with the government of any other country or with any international organisation. 1962 No 10 s 23 Section 27(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 27(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 27(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 27(2) amended 1 April 1988 section 90(d) State Sector Act 1988
28: Delegation of powers by Ombudsman
1:
2: Any delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class.
3: Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by an Ombudsman.
4: Any such delegation may be made subject to such restrictions and conditions as the Ombudsman thinks fit, and may be made either generally or in relation to any particular case or class of cases.
5: Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Ombudsman by whom it was made ceasing to hold office, it shall continue to have effect as if made by his successor.
6: Any person purporting to exercise any power of an Ombudsman by virtue of a delegation under this section shall, when required to do so, produce evidence of his authority to exercise the power. 1962 No 10 s 24 Section 28(1) amended 2 September 1996 Ombudsmen Amendment Act 1996
28A: Protection of name
1: A person may not use the name Ombudsman
a: the person is an Ombudsman appointed under section 3
b: the person is appointed by the Chief Ombudsman under section 11 Ombudsman
c: the person has been permitted by the Minister to use that name.
2: The Minister may only give permission under subsection (1)﻿(c) to—
a: a department named in Part 1 Part 1C
b: an organisation named in Part 2
3: A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.
4: In this section, Minister Section 28A replaced 11 March 2020 section 5 Ombudsmen (Protection of Name) Amendment Act 2020 Section 28A(2)﻿(a) replaced 7 August 2020 section 135 Public Service Act 2020
29: Annual report
Without limiting the right of an Ombudsman to report at any other time, but subject to the provisions of subsection (7) of section 22 the House of Representatives and the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 Protected Disclosures (Protection of Whistleblowers) Act 2022 1962 No 10 s 25 Section 29 amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 29 amended 22 October 2003 section 6 Ombudsmen Amendment Act 2003 Section 29 amended 1 January 1987 section 27 Constitution Act 1986 Section 29 amended 1 July 1983 Ombudsmen Amendment Act (No 2) 1982
30: Offences
Every person commits an offence against this Act and is liable on
a: without lawful justification or excuse, wilfully obstructs, hinders, or resists an Ombudsman or any other person in the exercise of his powers under this Act:
b: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of an Ombudsman or any other person under this Act:
c: wilfully makes any false statement to or misleads or attempts to mislead an Ombudsman or any other person in the exercise of his powers under this Act:
d: represents directly or indirectly that he holds any authority under this Act when he does not hold that authority. 1962 No 10 s 26 Section 30 amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Money to be appropriated by Parliament for purposes of this Act
Except as otherwise provided in this Act, all salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose. 1962 No 10 s 27
31A: Audit
1: The House of Representatives must appoint an auditor to audit the Ombudsmen.
2: The provisions of the Public Audit Act 2001
3: In carrying out the functions conferred by this section, the auditor has the same functions, duties, and powers as the Auditor-General. Section 31A replaced 1 July 2001 section 53 Public Audit Act 2001
32: Power to amend Schedule 1 by Order in Council
1: If a public service agency or an organisation named in Schedule 1
a: reflect the abolition or alteration, or include the name of the new public service agency in that Part:
b: in the case of a departmental agency, make a corresponding amendment to include, remove, or alter a reference to its host department in the table in Part 1A
c: in the case of an interdepartmental executive board, make a corresponding amendment to include, remove, or alter a reference to its servicing department in the table in Part 1B
1A: An order relating to the establishment of an interdepartmental executive board or an interdepartmental venture for the first time may also delete the words immediately below the table in Part 1B Part 1C
2: The Governor-General may from time to time, by Order in Council, amend Part 2 Part 3
a: including therein the name of any local organisation or other organisation or the description of any class of local organisations or other organisations:
b: omitting from the said Part 2 Part 3
3: An order under this section is secondary legislation ( see Part 3 1962 No 10 s 28 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(1) replaced 7 August 2020 section 115 Public Service Act 2020 Section 32(1A) inserted 7 August 2020 section 115 Public Service Act 2020 Section 32(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32A: Crimes of Torture Act 1989 not limited
Nothing in this Act limits the operation of Part 2 Section 32A inserted 5 December 2006 section 13 Crimes of Torture Amendment Act 2006
33: Repeals, amendment, and savings
1: Subject to subsection (5), the enactments specified in Schedule 2
2: Amendment(s) incorporated in the Act(s)
3: The provisions of this Act are in addition to the provisions of any other enactment or any rule of law under which any remedy or right of appeal or objection is provided for any person or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Act shall limit or affect any such remedy or right of appeal or objection or procedure as aforesaid.
4: Notwithstanding the repeal of subsection (1) of section 4 of the Parliamentary Commissioner (Ombudsman) Act 1962
5: The enactments specified in Schedule 2 Part 3 of the Schedule of the Parliamentary Commissioner (Ombudsman) Act 1962 section 2(6) of the Parliamentary Commissioner (Ombudsman) Amendment Act 1968 Part 3