Ombudsmen Act 1975

Ombudsmen

7: Filling of vacancy

You could also call this:

"What happens when an Ombudsman's job becomes empty and needs to be filled again"

If an Ombudsman dies, resigns, or is removed from their job, the empty position needs to be filled. You need to know that this happens in a specific way, depending on whether Parliament is meeting or not. If Parliament is meeting, the Governor-General chooses a new Ombudsman based on what the House of Representatives suggests.

If Parliament is not meeting when the vacancy happens, the Governor-General can choose someone to fill the empty position for now. This person will keep the job until the House of Representatives confirms their appointment when Parliament meets again. If the House of Representatives does not confirm the appointment within two months of their next meeting, the person's appointment will end and the position will be empty again.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431110.

Topics:

Government and voting > Government departments

6: Removal or suspension from office, or

"When an Ombudsman can be removed or suspended from their job by the Governor-General."

8: Temporary appointments of Ombudsmen, or

"Appointing a temporary Ombudsman to fill in when another one is away or ill"

7Filling of vacancy

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.
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.
If any such vacancy occurs at any time while Parliament is not in session, the following provisions shall apply:
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:
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.

Compare

1962 No 10 s 6