Current Ombudsman[edit]
In addition to the Chief Ombudsman, Professor Ron Paterson was appointed on 4 June 2013 as an Ombudsman.[3]
Other roles[edit]
Protecting whistleblowers[edit]
The Ombudsman is one of a number of agencies responsible for protecting 'whistleblowers' - employees who report serious wrongdoing in their workplace under the Protected Disclosures Act, which came into force in 2001. The Act applies to both public and private sector workplaces. 'Serious wrongdoing' includes unlawful, corrupt or irregular use of public money or resources; conduct that poses a serious risk to public health, safety, the environment or the maintenance of the law; any criminal offence; and gross negligence or mismanagement by public officials.[4]
The Act states that employers cannot take legal or disciplinary proceedings against an employee who makes a 'protected disclosure', or brings their concerns to an 'appropriate authority'. The Act also states that if an employer takes retaliatory action, the employee can initiate a personal grievance case under the Employment Relations Act. The Human Rights Act may also be available to anyone who is victimised as a result of protected disclosures.[4]
Chief Ombudsman Dame Beverley Wakem says only 10 to 12 people a year ring her office about the Act and even fewer have used it to reveal information. She says the law could have been used during the collapse of finance companies, and that she can't understand why nobody used the legislation to raise concerns about safety practices at the Pike River mine.[5]
Preventing inhumane treatment[edit]
See also: Safe and humane administration
The Ombudsman is also part of "National Preventive Mechanisms" which administer The Crimes of Torture Act which establishes New Zealand’s international obligations under the United Nations Optional Protocol to the Convention against Torture (OPCAT). OPCAT was established to ensure a system of regular visits by independent international and national bodies to prisons, police cells and mental health hospitals in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Countries that have signed up to OPCAT allow their performance to be monitored by the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[6]
The Ombudsman appoints Prison Investigators to visit prisons and other places of detention in New Zealand and to conduct investigations after complaints. The Ombudsman also conducts "own motion investigations" to investigate significant and systemic issues.[7]
Current Ombudsman[edit]
In addition to the Chief Ombudsman, Professor Ron Paterson was appointed on 4 June 2013 as an Ombudsman.[3]
Other roles[edit]
Protecting whistleblowers[edit]
The Ombudsman is one of a number of agencies responsible for protecting 'whistleblowers' - employees who report serious wrongdoing in their workplace under the Protected Disclosures Act, which came into force in 2001. The Act applies to both public and private sector workplaces. 'Serious wrongdoing' includes unlawful, corrupt or irregular use of public money or resources; conduct that poses a serious risk to public health, safety, the environment or the maintenance of the law; any criminal offence; and gross negligence or mismanagement by public officials.[4]
The Act states that employers cannot take legal or disciplinary proceedings against an employee who makes a 'protected disclosure', or brings their concerns to an 'appropriate authority'. The Act also states that if an employer takes retaliatory action, the employee can initiate a personal grievance case under the Employment Relations Act. The Human Rights Act may also be available to anyone who is victimised as a result of protected disclosures.[4]
Chief Ombudsman Dame Beverley Wakem says only 10 to 12 people a year ring her office about the Act and even fewer have used it to reveal information. She says the law could have been used during the collapse of finance companies, and that she can't understand why nobody used the legislation to raise concerns about safety practices at the Pike River mine.[5]
Preventing inhumane treatment[edit]
See also: Safe and humane administration
The Ombudsman is also part of "National Preventive Mechanisms" which administer The Crimes of Torture Act which establishes New Zealand’s international obligations under the United Nations Optional Protocol to the Convention against Torture (OPCAT). OPCAT was established to ensure a system of regular visits by independent international and national bodies to prisons, police cells and mental health hospitals in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Countries that have signed up to OPCAT allow their performance to be monitored by the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[6]
The Ombudsman appoints Prison Investigators to visit prisons and other places of detention in New Zealand and to conduct investigations after complaints. The Ombudsman also conducts "own motion investigations" to investigate significant and systemic issues.[7]
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