Ombudsmen Act 1975

Functions of Ombudsmen

19: Evidence

You could also call this:

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

When an Ombudsman is investigating something, you might be asked to give them information. You might have to tell them things you know, or show them documents or other things that are relevant to the investigation. This can happen even if you work for a public service agency or organisation.

If the Ombudsman thinks you have information that can help with the investigation, they can ask you to come and talk to them. They can also ask you to swear an oath, which means you promise to tell the truth. The Ombudsman has the power to make you answer their questions, just like a court would.

Sometimes, people might not want to share information because they think it's secret or private. But if the Ombudsman asks for it, you might have to give it to them anyway, even if it's usually confidential. If you do give them the information, you won't get in trouble for breaking any secrecy rules.

When you're talking to the Ombudsman, you have the same rights as you would if you were in court. This means you can't be forced to say something that might get you in trouble, and you can't be punished for what you say to the Ombudsman. If you're asked to go and talk to the Ombudsman, you might be able to get paid for your time and expenses, just like you would if you were a witness in court.

The Ombudsman has to keep any information you give them confidential, unless they're allowed to share it with someone else. They can only use the information to help with their investigation, and they can't share it with just anyone. If you're not sure about something, you can ask for advice from a lawyer, and the Ombudsman might also get advice from a lawyer.

If the Ombudsman is investigating something under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987, they can still ask for information, even if someone claims it's private. But the Ombudsman has to be careful with that information and can only use it to decide if it should be kept private.

What you say to the Ombudsman can't be used against you in court, unless it's about perjury, which is when someone lies under oath. You also won't get in trouble for following the Ombudsman's instructions, as long as you're telling the truth. The Ombudsman is like a referee, making sure everything is fair and that people are telling the truth.

If you have to go and talk to the Ombudsman, you will get paid for your time, just like a witness in court. The Criminal Procedure Act 2011 has rules about how much you can get paid, and the Ombudsman follows those rules. The Ombudsman can decide how much you get paid, and they can also decide not to pay you if they don't think you should get paid.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM431148.

Topics:

Government and voting > Government departmentsRights and equality > Privacy

18: Proceedings of Ombudsmen, or

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

20: Disclosure of certain matters not to be required, or

"The Ombudsman can't make people share secrets that might hurt New Zealand or the public."

19Evidence

Subject to the provisions of this section and of section 20, an Ombudsman may from time to time require any person who in his opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him any such information, and to produce any documents or papers or things which in the Ombudsman's opinion relate to any such matter as aforesaid and which may be in the possession or under the control of that person. This subsection shall apply whether or not the person is an officer, employee, or member of any public service agency or organisation, and whether or not such documents, papers, or things are in the custody or under the control of any public service agency or organisation.
An Ombudsman may summon before him and examine on oath—
any person who is an officer or employee or member of any public service agency or organisation named or specified in Schedule 1 and who in the Ombudsman's opinion is able to give any such information as aforesaid; or
any complainant; or
with the prior approval of the Attorney-General in each case, any other person who in the Ombudsman's opinion is able to give any such information—

section 108 of the Crimes Act 1961

Subject to this section and to section 20(1), a person who is bound by the provisions of an enactment (being an Act or secondary legislation within the meaning of the Legislation Act 2019 made by Order in Council) to maintain secrecy in relation to, or not to disclose, any matter may be required to supply any information to or answer any question put by an Ombudsman in relation to that matter, or to produce to an Ombudsman any document or paper or thing relating to it, even if compliance with that requirement would otherwise be in breach of the obligation of secrecy or non-disclosure.
Compliance with a requirement of an Ombudsman (being a requirement made pursuant to subsection (3)) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.
Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things as witnesses have in any court.
In any investigation carried out under this Act pursuant to the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987, nothing in subsection (5) prevents an Ombudsman from—
requiring, under subsection (1), the furnishing of any information or the production of any document, paper, or thing for which privilege is claimed by any person; and
considering the information or inspecting any such document, paper, or thing—

On the production of any information, document, paper, or thing pursuant to subsection (5A), the Ombudsman—
must not release the information, document, paper, or thing, or any information derived from the document, paper, or thing to any person other than—
1. the producer of the information, document, paper, or thing; or
2. any barrister or solicitor engaged by the Ombudsman for the purpose of providing legal advice as to whether the information, document, paper, or thing would be properly withheld by that producer under subsection (5); or
3. a court:
may give his or her opinion only to the producer of the information, document, paper or thing and the complainant as to whether or not the claim of privilege is valid:
must not take into account the information or any information in the document, paper, or thing in forming any opinion concerning the release of any other information, unless the Ombudsman considers the claim of privilege is not valid and has notified the person concerned of that decision.

Except on the trial of any person for perjury within the meaning of the Crimes Act 1961 in respect of his sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before an Ombudsman shall be admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before an Ombudsman shall be given against any person.
No person shall be liable to prosecution for an offence against any enactment, other than this Act, by reason of his compliance with any requirement of an Ombudsman under this section.
Where any person is required by an Ombudsman to attend before him for the purposes of this section, the person shall be entitled to the same fees, allowances, and expenses as if he were a witness in a court, and the provisions of any regulations in that behalf made under the Criminal Procedure Act 2011 and for the time being in force shall apply accordingly. For the purposes of this subsection an Ombudsman shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or increase the amounts payable thereunder.

Compare

1962 No 10 s 16

Notes

Section 19(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 19(2)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 19(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Section 19(3): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 19(4): replaced, on 1 April 1987, by section 24(1) of the Official Information Amendment Act 1987 (1987 No 8).
Section 19(5A): inserted, on 17 September 1997, by section 2 of the Ombudsmen Amendment Act 1997 (1997 No 72).
Section 19(5A): amended, on 15 December 2005, by section 3 of the Ombudsmen Amendment Act 2005 (2005 No 109).
Section 19(5B): inserted, on 17 September 1997, by section 2 of the Ombudsmen Amendment Act 1997 (1997 No 72).
Section 19(7): amended, on 1 July 1983, by section 3(2) of the Ombudsmen Amendment Act (No 2) 1982 (1982 No 164).
Section 19(8): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).