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Ombudsmen Act 1975

Miscellaneous provisions

28A: Protection of name

You could also call this:

"Only authorised people can use the name 'Ombudsman' for their job or business"

Illustration for Ombudsmen Act 1975

You cannot use the name Ombudsman for your business or job unless you are an Ombudsman appointed under section 3 of this Act. You can also use the name if you are appointed by the Chief Ombudsman under section 11 of this Act, or if the Minister gives you permission.

The Minister can only give you permission if you work for a certain government department listed in Part 1 or Part 1C of Schedule 1, or if you work for an organisation listed in Part 2 of Schedule 1.

If you use the name Ombudsman without permission, you can get a fine of up to $1,000. In this case, the Minister is the person in charge of the administration of this Act.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431187.

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

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"The Ombudsmen's yearly report to the House of Representatives about their work."

28AProtection of name

  1. A person may not use the name Ombudsman in connection with any business, trade, or occupation or the provision of any service, whether for payment or otherwise, or hold themselves out to be an Ombudsman unless—

  2. the person is an Ombudsman appointed under section 3 of this Act; or
    1. the person is appointed by the Chief Ombudsman under section 11 of this Act as an officer or employee holding a position with a title that includes the word Ombudsman; or
      1. the person has been permitted by the Minister to use that name.

        1. The Minister may only give permission under subsection (1)(c) to—

        2. a department named in Part 1 of Schedule 1 or an interdepartmental venture named in Part 1C of Schedule 1:
          1. an organisation named in Part 2 of Schedule 1.

            1. A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.

            2. In this section, Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

            Notes
            • Section 28A: replaced, on , by section 5 of the Ombudsmen (Protection of Name) Amendment Act 2020 (2020 No 3).
            • Section 28A(2)(a): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).