Protected Disclosures Act 2000

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

appropriate authority, without limiting the meaning of that term,—

(a)

includes—

(i)

the Commissioner of Police:

(ii)

the Controller and Auditor-General:

(iii)

the Director of the Serious Fraud Office:

(iv)

the Inspector-General of Intelligence and Security:

(v)

an Ombudsman:

(vi)

the Parliamentary Commissioner for the Environment:

(vii)

the Independent Police Conduct Authority:

(viii)

the Solicitor-General:

(ix)

the Public Service Commissioner:

(x)

the Health and Disability Commissioner; and

(b)

includes the head of every public sector organisation, whether or not mentioned in paragraph (a); and

(c)

includes a private sector body which comprises members of a particular profession or calling and which has power to discipline its members; but

(d)

does not include—

(i)

a Minister of the Crown; or

(ii)

a member of Parliament

classified information has the meaning given to it by section 78AA of the Crimes Act 1961

employee, in relation to an organisation, includes—

(a)

a former employee:

(b)

a homeworker within the meaning of section 5 of the Employment Relations Act 2000:

(c)

a person seconded to the organisation:

(d)

an individual who is engaged or contracted under a contract for services to do work for the organisation:

(e)

a person concerned in the management of the organisation (including a person who is a member of the board or governing body of the organisation):

(f)

in relation to the New Zealand Defence Force, a member of the Armed Forces:

(g)

a person who works for the organisation as a volunteer without reward or expectation of reward for that work

environment has the meaning given to it by section 2 of the Environment Act 1986

intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017

Ombudsman means an Ombudsman holding office under the Ombudsmen Act 1975; and includes for the purposes of this Act except section 13

(a)

any person holding office under an Ombudsman to whom any of the powers of an Ombudsman have been delegated under section 28 of that Act; and

(b)

any person whom the Chief Ombudsman has appointed to perform an Ombudsman’s functions under this Act

organisation means a body of persons, whether corporate or unincorporate, and whether in the public sector or in the private sector; and includes a body of persons comprising 1 employer and 1 or more employees

protected disclosure of information has the meaning given to it by section 6(2)

public official means a person who is an employee of a public sector organisation

public sector organisation means—

(a)

an organisation named or specified in Schedule 1 of the Ombudsmen Act 1975:

(b)

an organisation named in Schedule 1 of the Official Information Act 1982:

(c)

a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987:

(d)

the Office of the Clerk of the House of Representatives:

(e)

the Parliamentary Service:

(f)

an intelligence and security agency:

(g)

a council-controlled organisation within the meaning of section 6 of the Local Government Act 2002

serious wrongdoing includes any serious wrongdoing of any of the following types:

(a)

an unlawful, corrupt, or irregular use of funds or resources of a public sector organisation; or

(b)

an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or

(c)

an act, omission, or course of conduct that constitutes a serious risk to the maintenance of law, including the prevention, investigation, and detection of offences and the right to a fair trial; or

(d)

an act, omission, or course of conduct that constitutes an offence; or

(e)

an act, omission, or course of conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement,—

whether the wrongdoing occurs before or after the commencement of this Act

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period beginning on 25 December in any year and ending on 15 January (both dates inclusive) in the following year.

(2)

An example used in this Act has the following status:

(a)

the example is only illustrative of the provision to which it relates and does not limit the provision; and

(b)

if the example and the provision to which it relates are inconsistent, the provision prevails.

Section 3(1) appropriate authority paragraph (a)(vii): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 3(1) appropriate authority paragraph (a)(ix): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 3(1) classified information: inserted, on 28 September 2017, by section 319 of the Intelligence and Security Act 2017 (2017 No 10).

Section 3(1) employee paragraph (b): substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 3(1) employee paragraph (e): amended, on 6 May 2009, by section 4(1) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 3(1) employee paragraph (g): added, on 6 May 2009, by section 4(2) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 3(1) intelligence and security agency: replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 3(1) Ombudsman paragraph (b): amended, on 6 May 2009, by section 4(3) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 3(1) public funds or public resources: repealed, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

Section 3(1) public official: substituted, on 6 May 2009, by section 4(4) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 3(1) public sector organisation paragraph (g): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 3(1) serious wrongdoing paragraph (a): amended, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 1).

Section 3(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 3(2): added, on 6 May 2009, by section 4(5) of the Protected Disclosures Amendment Act 2009 (2009 No 11).