Ombudsmen Act 1975

Functions of Ombudsmen

18: Proceedings of Ombudsmen

You could also call this:

"How Ombudsmen investigate and make decisions about government agencies and organisations"

When an Ombudsman wants to investigate something, they tell the person in charge of the department or organisation that might be affected. They do this before they start investigating. You might hear the person in charge called the chief executive.

An Ombudsman investigates things in private, which means they do not do it in public. They can talk to anyone they think might help them with their investigation. They can also ask questions and look for information in any way they think is best.

If an Ombudsman thinks someone might be affected by what they find out, they give that person a chance to say something. This happens before the Ombudsman makes any final decisions. The Ombudsman can look at things that happen in public service agencies or organisations, which are listed in a document called Schedule 1.

If an Ombudsman is investigating something that involves a public service agency, they might talk to a Minister about it. A Minister is a high-ranking government official. The Ombudsman can do this at any time during or after the investigation. They have to talk to the Minister if the Minister asks them to, or if they are going to make a recommendation that affects the Minister.

The Ombudsman can also talk to the mayor or chairperson of an organisation if they are investigating something that involves that organisation. They have to talk to the mayor or chairperson if the mayor or chairperson asks them to, or if they are going to make a recommendation that affects the organisation. You can find out which organisations this applies to by looking at Part 3 of Schedule 1.

If an Ombudsman finds out that someone has done something wrong, they tell the person in charge of that person. The Ombudsman can decide how to investigate things and what to do during the investigation. They have to follow the rules that are made for them, which are explained in section 22 of the Ombudsmen Act.

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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=DLM431144.

Topics:

Government and voting > Government departments

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

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

19: Evidence, or

"Talking to the Ombudsman: What you need to know about sharing information"

18Proceedings of Ombudsmen

Before investigating any matter under this Act, an Ombudsman shall inform the chief executive of the department (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 affected, or, as the case may require, the chief executive of the organisation affected, of his intention to make the investigation.
Every investigation by an Ombudsman under this Act shall be conducted in private.
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 or organisation or person, he shall give to that public service agency or organisation or person an opportunity to be heard.
In the case of an investigation relating to a public service agency or organisation named in Schedule 1, an Ombudsman may in his discretion at any time during or after the investigation consult a Minister who is concerned in the matter of the investigation, and an Ombudsman shall consult any Minister who so requests or to whom a recommendation which is the subject of the investigation has been made, after the Ombudsman has made the investigation and before he has formed a final opinion on any of the matters referred to in subsection (1) or subsection (2) of section 22.
In the case of an investigation relating to an organisation named or specified in Part 3 of Schedule 1, an Ombudsman may in his discretion at any time during or after the investigation consult the mayor or chairperson of the organisation concerned, and an Ombudsman shall consult the mayor or chairperson of the organisation who so requests or to whom a recommendation which is the subject of the investigation has been made, after the Ombudsman has made the investigation and before he has formed a final opinion on any of the matters referred to in subsection (1) or subsection (2) of section 22.
If, during or after any investigation, an Ombudsman is of opinion that there is substantial evidence of any significant breach of duty or misconduct on the part of any officer or employee of any public service agency or organisation, he shall refer the matter to the appropriate authority.
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.

Compare

1962 No 10 s 15

Notes

Section 18(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 18(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 18(1): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).
Section 18(3): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 18(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 18(5): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 18(6): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 18(6): amended, on 23 November 1982, by section 2 of the Ombudsmen Amendment Act 1982 (1982 No 89).