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Ombudsmen Act 1975

Ombudsmen

3: Ombudsmen

You could also call this:

"People called Ombudsmen help make sure the government is fair and follows the rules."

Illustration for Ombudsmen Act 1975

You can have one or more Ombudsmen who are officers of Parliament and Commissioners for Investigations. They are appointed by the Governor-General, who gets a recommendation from the House of Representatives, but there are some rules in section 7 that they have to follow. You are appointed to this role, but it does not mean you are employed by the Sovereign for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956.

One of the Ombudsmen is the Chief Ombudsman, who is in charge of the office and makes sure the work is shared between the Ombudsmen. If the Chief Ombudsman is sick or away, the Governor-General can choose another Ombudsman to act as the Chief Ombudsman until they can work again. If someone questions whether the acting Chief Ombudsman was appointed correctly, it will not affect any decisions they made while in the role.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431103.

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"Special rules to help change to the new law work smoothly"

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4: Ombudsmen to hold no other office, or

"Ombudsmen can only work as Ombudsmen, not in other jobs or as politicians."

3Ombudsmen

  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, each Ombudsman shall be appointed by the Governor-General on the recommendation of the House of Representatives.

  3. No person shall be deemed to be employed in the service of the Sovereign for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 by reason of his appointment as an Ombudsman.

  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.

Compare
  • 1962 No 10 s 2
Notes
  • Section 3(3): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
  • Section 3(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 3(3): amended, on , pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).