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Ombudsmen Act 1975

Functions of Ombudsmen

26: Proceedings privileged

You could also call this:

"Ombudsmen are protected when doing their job, and what they know is kept secret."

Illustration for Ombudsmen Act 1975

You can't take an Ombudsman to court for what they do or say when they are doing their job, unless they act in bad faith. This means they must have done something on purpose to hurt someone. You also can't make an Ombudsman give evidence in court about what they know from their work under the Official Information Act 1982, the Local Government Official Information and Meetings Act 1987, or the Protected Disclosures (Protection of Whistleblowers) Act 2022. If someone tells an Ombudsman something or gives them a document when they are investigating, that information is protected like it would be in a court case. Reports written by an Ombudsman are also protected, like official reports to the Parliament of New Zealand.

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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, 78AAA, 78AAB, 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, 78AAA, 78AAB, 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, 78AAA, 78AAB, 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 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
            • 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 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
            • 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 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
            • 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).