Ombudsmen Act 1975

Miscellaneous provisions

27: Power of entry on premises

You could also call this:

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

An Ombudsman can enter premises used by public service agencies or organisations listed in the Schedule 1 to inspect and investigate. You need to know that the Ombudsman must tell the chief executive of the department or organisation before entering the premises. The Attorney-General can stop the Ombudsman from entering certain premises if it might affect New Zealand's security, defence, or international relations.

The Ombudsman can carry out an investigation on the premises, but they must follow the rules in sections 19 and 20. When the Ombudsman wants to enter premises, they must notify the chief executive of the department or organisation that occupies the premises. This is so the chief executive knows what is happening.

The Attorney-General has the power to exclude certain premises from the Ombudsman's power of entry. This means the Ombudsman cannot enter those premises to inspect or investigate. The Attorney-General can do this if they think the Ombudsman's entry might harm New Zealand's security, defence, or international relations.

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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=DLM431183.

Topics:

Government and voting > Government departments

26: Proceedings privileged, or

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

28: Delegation of powers by Ombudsman, or

"The Ombudsman can share some of their jobs with others, but still stay in charge."

27Power of entry on premises

For the purposes of this Act, but subject to the provisions of this section, an Ombudsman may at any time enter upon any premises occupied by any of the public service agencies or organisations named or specified in Schedule 1 and inspect the premises and, subject to the provisions of sections 19 and 20, carry out therein any investigation that is within his jurisdiction.
Before entering upon any such premises an Ombudsman shall notify the chief executive of the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture or, as the case may require, the chief executive of the organisation by which the premises are occupied.
The Attorney-General may from time to time by notice to the Chief Ombudsman exclude the application of subsection (1) to any specified premises or class of premises, if he is satisfied that the exercise of the power conferred by this section 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.

Compare

1962 No 10 s 23

Notes

Section 27(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 27(2): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 27(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 27(2): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).