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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Appointment, functions, duties, and powers of Inspector-General

160: Disclosures to Inspector-General or Deputy Inspector-General

You could also call this:

"Speaking up to the Inspector-General is safe and you are protected from unfair treatment at work."

Illustration for Intelligence and Security Act 2017

If you work for an intelligence and security agency and you tell the Inspector-General or Deputy Inspector-General about something, you are protected. You cannot be punished or treated unfairly by your agency just because you spoke up. This protection does not apply if the Inspector-General decides you did not act honestly when you reported the matter.

When you report something, you are safe from being treated badly at work. The agency you work for cannot punish you for speaking up to the Inspector-General or Deputy Inspector-General. But if the Inspector-General thinks you were not truthful, you may not be protected.

You can find more information about this by looking at the related laws, such as sections 5(4) and 18 of a previous act, which you can find on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921175.

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Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Appointment, functions, duties, and powers of Inspector-General

160Disclosures to Inspector-General or Deputy Inspector-General

  1. This section applies if an employee of an intelligence and security agency brings any matter to the attention of the Inspector-General or Deputy Inspector-General.

  2. The employee must not be subjected by the intelligence and security agency to any penalty or discriminatory treatment of any kind in relation to his or her employment by reason only of having brought the matter to the attention of the Inspector-General or Deputy Inspector-General.

  3. However, subsection (2) does not apply if the Inspector-General determines that the employee did not act in good faith.

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