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Ombudsmen Act 1975

Functions of Ombudsmen

18: Proceedings of Ombudsmen

You could also call this:

"What Ombudsmen Do When They Investigate"

Illustration for Ombudsmen Act 1975

When an Ombudsman wants to investigate something, they tell the person in charge of the organisation affected. They do this before they start investigating. You will not see the investigation happen because it is private. An Ombudsman can talk to people and ask questions if they want to. They do not have to listen to everyone, but they will if it might affect someone badly. If an Ombudsman is looking into a public service agency or organisation, they might talk to a Minister about it. If an Ombudsman finds out something bad has happened, they will tell the right people. They can decide how to do their job, as long as they follow the rules. An Ombudsman can look at things like what is said in Schedule 1 or section 22 to help them make decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431144.

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18Proceedings of Ombudsmen

  1. 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.

  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 or organisation or person, he shall give to that public service agency or organisation or person an opportunity to be heard.

  4. 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.

  5. 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.

  6. 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.

  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.

Compare
  • 1962 No 10 s 15
Notes
  • Section 18(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 18(1): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 18(1): amended, on , pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).
  • Section 18(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 18(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 18(5): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 18(6): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 18(6): amended, on , by section 2 of the Ombudsmen Amendment Act 1982 (1982 No 89).