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Ombudsmen Act 1975

Functions of Ombudsmen

20: Disclosure of certain matters not to be required

You could also call this:

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

Illustration for Ombudsmen Act 1975

If the Attorney-General says that giving out certain information might hurt New Zealand's security, defence, or relationships with other countries, an Ombudsman cannot make someone give out that information. This also applies if the information is about what the Cabinet has discussed or decided, or if it is a secret that could harm the public if it gets out. In these cases, the Ombudsman will not ask for the information to be shared. You should know that there is a rule that usually allows people to keep certain documents or answers secret if sharing them would hurt the public, but this rule does not apply when an Ombudsman is investigating something. The Attorney-General's decision is important in deciding what information can be kept secret, and this helps the Ombudsman do their job while also protecting New Zealand's interests.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431156.

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21: Ombudsmen and staff to maintain secrecy, or

"Ombudsmen and staff must keep secrets and only share information when necessary and allowed by law."

20Disclosure of certain matters not to be required

  1. Where the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or paper or thing—

  2. might prejudice the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation), or the investigation or detection of offences; or
    1. might involve the disclosure of the deliberations of Cabinet; or
      1. might involve the disclosure of proceedings of Cabinet, or of any committee of Cabinet, relating to matters of a secret or confidential nature, and would be injurious to the public interest—
          1. an Ombudsman shall not require the information or answer to be given or, as the case may be, the document or paper or thing to be produced.

        1. Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document or paper, or the refusal to answer any question, on the ground that the disclosure of the document or paper or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by or proceedings before an Ombudsman.

        Compare
        • 1962 No 10 s 17