22 Procedure after investigation

(1)

The provisions of this section shall apply in every case where, after making any investigation under this Act, an Ombudsman is of opinion that the decision, recommendation, act, or omission which was the subject matter of the investigation—

(a)

appears to have been contrary to law; or

(b)

was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act, regulation, or bylaw or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory; or

(c)

was based wholly or partly on a mistake of law or fact; or

(d)

was wrong.

(2)

The provisions of this section shall also apply in any case where an Ombudsman is of opinion that in the making of the decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations, or that, in the case of a decision made in the exercise of any discretionary power, reasons should have been given for the decision.

(3)

If in any case to which this section applies an Ombudsman is of opinion—

(a)

that the matter should be referred to the appropriate authority for further consideration; or

(b)

that the omission should be rectified; or

(c)

that the decision should be cancelled or varied; or

(d)

that any practice on which the decision, recommendation, act, or omission was based should be altered; or

(e)

that any law on which the decision, recommendation, act, or omission was based should be reconsidered; or

(f)

that reasons should have been given for the decision; or

(g)

that any other steps should be taken—

the Ombudsman shall report his opinion, and his reasons therefor, to the appropriate department or organisation, and may make such recommendations as he thinks fit. In any such case he may request the department or organisation to notify him, within a specified time, of the steps (if any) that it proposes to take to give effect to his recommendations. The Ombudsman shall also, in the case of an investigation relating to a department or organisation named or specified in Parts 1 and 2 of Schedule 1, send a copy of his report or recommendations to the Minister concerned, and, in the case of an investigation relating to an organisation named or specified in Part 3 of Schedule 1, send a copy of his report or recommendations to the mayor or chairperson of the organisation concerned.

(4)

If within a reasonable time after the report is made no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any department or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as he thinks fit.

(5)

The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the department or organisation affected.

(6)

Subsections (4) and (5) shall not apply in the case of an investigation relating to an organisation named or specified in Part 3 of Schedule 1.

(7)

Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this Act, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

Compare: 1962 No 10 s 19

Section 22(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 22(4): amended, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).