32 Recommendations made to public service agency or Minister of the Crown or organisation

(1)

Where a recommendation is made under section 30(1) relating to a public service agency or an organisation named in Schedule 1 of the Ombudsmen Act 1975,—

(a)

a public duty to observe that recommendation shall be imposed on that public service agency or organisation from the commencement of the 21st working day after the day on which that recommendation is made to the public service agency or organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and

(b)

the public duty imposed by paragraph (a) shall be imposed not only on the public service agency or organisation itself but also on—

(i)

the members of the organisation; and

(ii)

every officer and employee of that public service agency or organisation to whom that recommendation is applicable; and

(iii)

every body within that public service agency or organisation to whom that recommendation is applicable; and

(iv)

every statutory officer to whom that recommendation is applicable.

(2)

Where a recommendation is made under section 30(1) to a Minister of the Crown, a public duty to observe that recommendation shall be imposed on that Minister from the commencement of the 21st working day after the day on which that recommendation is made to that Minister unless, before that day, the Governor-General, by Order in Council, otherwise directs.

(3)

Where a recommendation is made under section 30(1) to an organisation named in Schedule 1,—

(a)

a public duty to observe that recommendation shall be imposed on that organisation from the commencement of the 21st working day after the day on which that recommendation is made to that organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and

(b)

the public duty imposed by paragraph (a) shall be imposed not only on the organisation itself but also on—

(i)

its governing body (if any); and

(ii)

its members; and

(iii)

every officer, employee, and body within that organisation to whom that recommendation is applicable; and

(iv)

every statutory officer to whom that recommendation is applicable.

(4)

As soon as practicable after an Order in Council is made under this section, the Minister who recommended the making of that Order in Council shall give a copy of that Order in Council to the Ombudsman who made the recommendation.

(5)

Nothing in this section—

(a)

limits section 15 of the Judicial Review Procedure Act 2016; or

(b)

prevents effect being given to any interim order made under section 15 of the Judicial Review Procedure Act 2016 or to any declaration contained in any such interim order.

Section 32: replaced, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

Section 32 heading: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(1)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(1)(b): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(1)(b)(ii): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(1)(b)(iii): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 32(5)(a): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).

Section 32(5)(b): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).