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Ombudsmen Act 1975

Functions of Ombudsmen

26: Proceedings privileged

You could also call this:

"Ombudsmen are protected by law when doing their job, and what they say and do is generally safe from being used against them."

Illustration for Ombudsmen Act 1975

If you are an Ombudsman, you are protected when doing your job. You can't be sued for what you say or do as an Ombudsman, unless you act in bad faith, meaning you do something on purpose to hurt someone. This protection also applies when you are working under the Official Information Act 1982, the Local Government Official Information and Meetings Act 1987, or the Protected Disclosures (Protection of Whistleblowers) Act 2022.

You also can't be forced to testify in court about what you learned while working as an Ombudsman. However, there are some exceptions, such as if you are accused of committing a crime like bribery or corruption under the Crimes Act 1961.

When someone talks to you as an Ombudsman, what they say is protected, just like it would be in a court. This means that what they tell you can't be used against them in court, unless it's about a serious crime.

If you make a report as an Ombudsman, it is considered an official report, like one made by a judge. This is also true for reports made under the Official Information Act 1982, the Local Government Official Information and Meetings Act 1987, or the Protected Disclosures (Protection of Whistleblowers) Act 2022, and it has special protection under the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431174.

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25: Proceedings not to be questioned or to be subject to review, or

"Ombudsman decisions can't be changed in court unless they didn't have the power to make them"

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"The Ombudsman can visit certain places to check if they are doing things correctly."

26Proceedings privileged

  1. Subject to subsection (2),—

  2. no proceedings, civil or criminal, shall lie against any Ombudsman, or against any person holding any office or appointment under the Chief Ombudsman, for anything he may do or report or say in the course of the exercise or intended exercise of his functions under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022, unless it is shown that he acted in bad faith:
    1. no Ombudsman, and no such person as aforesaid, shall be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022.

      1. Nothing in subsection (1) applies in respect of proceedings for—

      2. an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
        1. the offence of conspiring to commit an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
          1. the offence of attempting to commit an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961.

            1. Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry by or proceedings before an Ombudsman under this Act or the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 or the Protected Disclosures (Protection of Whistleblowers) Act 2022 shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

            2. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made by an Ombudsman under this Act, or under the Official Information Act 1982, or under the Local Government Official Information and Meetings Act 1987, or under the Protected Disclosures (Protection of Whistleblowers) Act 2022, shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

            Notes
            • Section 26: replaced, on , by section 5 of the Ombudsmen Amendment Act (No 2) 1982 (1982 No 164).
            • Section 26(1)(a): amended, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
            • Section 26(1)(a): amended, on , by section 5(1) of the Ombudsmen Amendment Act 2003 (2003 No 91).
            • Section 26(1)(a): amended, on , by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).
            • Section 26(1)(b): amended, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
            • Section 26(1)(b): amended, on , by section 5(1) of the Ombudsmen Amendment Act 2003 (2003 No 91).
            • Section 26(1)(b): amended, on , by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).
            • Section 26(2)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
            • Section 26(2)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
            • Section 26(2)(c): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
            • Section 26(3): amended, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
            • Section 26(3): amended, on , by section 5(1) of the Ombudsmen Amendment Act 2003 (2003 No 91).
            • Section 26(3): amended, on , by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).
            • Section 26(4): replaced, on , by section 56(1) of the Defamation Act 1992 (1992 No 105).
            • Section 26(4): amended, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
            • Section 26(4): amended, on , by section 5(2) of the Ombudsmen Amendment Act 2003 (2003 No 91).