New Zealand Legislation: Acts

26 Proceedings privileged

• (1) Subject to subsection (2) of this section,—

  • (a) 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 Act 2000, unless it is shown that he acted in bad faith:

  • (b) 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 Act 2000.

  (2) Nothing in subsection (1) of this section applies in respect of proceedings for—

  • (a) An offence against section 78 or section 78A(1) or section 105 or section 105A or section 105B of the Crimes Act 1961; or

  • (b) The offence of conspiring to commit an offence against section 78 or section 78A(1) or section 105 or section 105A or section 105B of the Crimes Act 1961; or

  • (c) The offence of attempting to commit an offence against section 78 or section 78A(1) or section 105 or section 105A or section 105B of the Crimes Act 1961.

  (3) 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 Act 2000 shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a Court.

  (4) For the purposes of clause 3 of Part 2 of Schedule 1 to 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 Act 2000, shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

  Section 26 was substituted, as from 1 July 1982, by section 5 Ombudsmen Amendment Act (No 2) 1982 (1982 No 164).

  Section 26 was amended, as from 1 March 1988, by section 57 Local Government Official Information and Meetings Act 1987 (1987 No 174) by inserting the words “or the Local Government Official Information and Meetings Act 1987” wherever they occur.

  Subsection (1)(a) and (b) was amended, as from 22 October 2003, by section 5(1) Ombudsmen Amendment Act 2003 (2003 No 91) by inserting the words “or the Protected Disclosures Act 2000” after the words “the Local Government Official Information and Meetings Act 1987”.

  Subsection (2) was amended, as from 1 July 1993, by section 4 Ombudsmen Amendment Act 1993 (1993 No 34) by inserting the expression “or section 105B”.

  Subsection (3) was amended, as from 22 October 2003, by section 5(1) Ombudsmen Amendment Act 2003 (2003 No 91) by inserting the words “or the Protected Disclosures Act 2000” after the words “the Local Government Official Information and Meetings Act 1987”.

  Subsection (4) was substituted, as from 1 February 1993, by section 56(1) Defamation Act 1992 (1992 No 105).

  Subsection (4) and (b) was amended, as from 22 October 2003, by section 5(2) Ombudsmen Amendment Act 2003 (2003 No 91) by inserting the words “or under the Protected Disclosures Act 2000,” after the words “the Local Government Official Information and Meetings Act 1987,”.