Ombudsmen Act 1975

Functions of Ombudsmen

17C: Referral of complaint to Inspector-General of Intelligence and Security

You could also call this:

"When to send your complaint to the Inspector-General of Intelligence and Security instead of the Ombudsman"

Illustration for Ombudsmen Act 1975

If you make a complaint to an Ombudsman, they will look at it and decide if it is something they should deal with. If they think it is more suitable for the Inspector-General of Intelligence and Security, who is appointed under section 157 of the Intelligence and Security Act 2017, they will talk to the Inspector-General about what to do with your complaint. The Ombudsman will then decide if your complaint should be dealt with under this Act.

The Ombudsman will make this decision as soon as they can after talking to the Inspector-General. If they decide your complaint should be dealt with under subpart 1 of Part 6 of the Intelligence and Security Act 2017, they will send your complaint to the Inspector-General to deal with, and they will let you know what they have done.

You will be notified about what action the Ombudsman has taken with your complaint.

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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=DLM431142.


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17CReferral 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 of the Intelligence and Security Act 2017, the Ombudsman shall forthwith consult with the Inspector-General of Intelligence and Security in order to determine the appropriate means of dealing with the complaint.

  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 of Part 6 of the Intelligence and Security Act 2017, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Inspector-General of Intelligence and Security to be dealt with accordingly, and shall notify the complainant of the action that has been taken.

Notes
  • Section 17C: inserted, on , by section 30 of the Inspector-General of Intelligence and Security Act 1996 (1996 No 47).
  • Section 17C(1): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
  • Section 17C(3): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).