Information for individuals making a protected disclosure

If you’re worried about serious wrongdoing in your workplace or by your organisation, you can report it to your workplace or an appropriate authority under the Protected Disclosures (Protection of Whistleblowers) Act 2022 (PDA). You can report serious wrongdoing in both public and private sector workplaces. The purpose of the PDA is to help uncover serious wrongdoing in the workplace, and to protect employees and other workers who report the wrongdoing.

Serious wrongdoing has a specific meaning under the PDA. It does not apply to all possible wrongdoing that might be going on in your workplace.  

Serious wrongdoing at work includes: 

• an offence,
• a serious risk to: 
  • public health, public safety, the health or safety of any individual, or the environment
  • the maintenance of the law, 
• an unlawful, corrupt or irregular use of public funds or resources, or
• oppressive, discriminatory or grossly negligent acts, or gross mismanagement by a public official.

A report of serious wrongdoing can be made by anyone who is, or was, an employee or other worker (for example, a contractor or volunteer). You can report serious wrongdoing either through your workplace’s internal protected disclosure process or to an appropriate authority. Information on the meaning of an appropriate authority can be found at the link below.

Appropriate authorities – Protected Disclosures (Protection of Whistleblowers) Act 2022 – legislation.govt.nz

You can make a disclosure to an appropriate authority at any time. They are a trusted party who can be approached if you are not confident about making the disclosure within your own workplace.

The PDA also includes examples of serious wrongdoing, and the corresponding authorities.

Examples of concerns and appropriate authorities – Protected Disclosures (Protection of Whistleblowers) Act 2022 – legislation.govt.nz

If you make a protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2022, the law provides important protections to support you. You are entitled to confidentiality, to not be retaliated against or treated less favourably, and immunity from civil, criminal and disciplinary proceedings. Further information on these protections and how they apply can be found below.

1. Confidentiality

Your identity must be kept confidential by the person or organisation receiving your disclosure.

This means they must take all reasonable steps not to disclose information that could identify you.

Your identity may be disclosed only where it is essential, for example:

·         to investigate the matter effectively,

·         to prevent a serious risk to health or safety,

·         to comply with legal requirements or natural justice.

Where practicable, you should be consulted before your identity is shared.

2. Protection from retaliation

Your employer must not:

·         dismiss you,

·         disadvantage you in your employment, or

·         treat you less favourably

because you have made, or intend to make, a protected disclosure.

If retaliation occurs, you may have access to remedies under employment and human rights law (for example, the ability to raise a personal grievance under the Employment Relations Act and access the anti-victimisation protections in section 66 of the Human Rights Act 1993).

3. Immunity

You are protected from civil, criminal, and disciplinary proceedings for making a protected disclosure, provided you:

·         believe on reasonable grounds that the information shows serious wrongdoing, and

·         make the disclosure in accordance with the Act.

This protection applies even if your concerns are not ultimately substantiated, as long as your belief was reasonable.

4. Good faith and reasonable belief

To be protected, you must:

·         make the disclosure in good faith, and

·         have reasonable grounds to believe the information shows serious wrongdoing.

More information about protections for disclosers is available on the Ombudsman website: 

Protections for whistleblowing – ombudsman.parliament.nz

You may not receive protection if you make a protected disclosure in bad faith, or if you do not follow the requirements of the Act. This includes situations where you disclose information outside the authorised channels set out in sections 11 and 14 — for example, going directly to the media or posting on social media.

If you are unsure about making a protected disclosure, you can seek confidential advice from the Office of the Ombudsman, which has a statutory role in providing guidance on protected disclosures.

Serious wrongdoing at work (protected disclosure) – ombudsman.parliament.nz

Making a protected disclosure – a guide to "blowing the whistle" – ombudsman.parliament.nz