New Zealand Legislation: Acts

29 Requirements of Ombudsman to be complied with within certain period

• (1) Subject to this section, where, during the course of an investigation, under section 27 of this Act, of any decision of any local authority, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that local authority to furnish or produce to that Ombudsman any information or document or paper or thing that relates to that investigation, that local authority shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that local authority, comply with that requirement.

  (2) Where any requirement to which subsection (1) of this section applies is made to any local authority, the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive may extend the time limit set out in subsection (1) of this section in respect of that requirement if—

  • (a) The requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the local authority; or

  • (b) Consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or

  • (c) The complexity of the issues raised by the requirement are such that that requirement cannot reasonably be complied with within the original time limit.

  (3) Any extension under subsection (2) of this section shall be for a reasonable period of time having regard to the circumstances.

  (4) The extension shall be effected by giving or posting notice of the extension to the Ombudsman within 20 working days after the day on which the requirement is received.

  (5) The notice effecting the extension shall—

  • (a) Specify the period of the extension; and

  • (b) Give the reasons for the extension; and

  • (c) Contain such other information as is necessary.

  Compare: 1982 No 156 s 29A; 1987 No 8 s 17(1)

  Subsection (2) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “chief executive” for the words “principal administrative officer” in both places where they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.