Organisations, both public and private sector, have responsibilities under the Protected Disclosures (Protection of Whistleblowers) Act 2022 as receivers of protected disclosures, including sometimes as appropriate authorities. Public sector organisations must have appropriate internal procedures for protected disclosures and must publicise these procedures widely.
All employers have obligations relating to confidentiality for disclosers and protecting disclosers from retaliation. An employer must not retaliate or threaten to retaliate against an employee because the employee intends to make or has made a protected disclosure. Retaliate means to dismiss the employee, treat the employee less favourably than other similar employees, or subject them to any detriment or disadvantage. If this occurs the employee has a personal grievance under the Employment Relations Act 2000.
A discloser, or someone who supports the discloser, who is treated less favourably than others in the same or similar circumstances may be able access the anti-victimisation protections in the Human Rights Act 1993. This applies to all types of disclosers, including persons not covered by the Employment Relations Act.
The Public Service Commissioner has also issued Speaking Up model standards that outline expectations on public sector organisations to support effective reporting and managing of wrongdoing concerns.
Further guidance and tools for organisations can be found below:
Protected Disclosures (Protection of Whistleblowers) Act 2022 – legislation.govt.nz
Summary of Guidance: Protected Disclosures (Protection of Whistleblowers) Act 2022
Guidance: Protected Disclosures (Protection of Whistleblowers) Act 2022
Serious wrongdoing at work (whistleblowing) – ombudsman.parliament.nz
Guidance for receivers of protected disclosures – ombudsman.parliament.nz
Protected disclosures – guidance on internal policies and procedures – ombudsman.parliament.nz