Review protected disclosures practice (NZ0032)

Brief Description of the Commitment

Improve NZ’s protected disclosures system by undertaking a practice review, publishing information on the potential consequences for retaliation, and scoping the practicality of a community of practice for public sector organisations receiving disclosures.

Problem Definition
1. What problem does the commitment aim to address?
Who is affected? Where is it taking place? How are they affected? When are they most affected? When did the problem start? How long has the problem impacted those affected?

Protecting whistleblowers is critical to detecting and preventing serious misconduct in New Zealand and maintaining integrity. Research shows that reporting by employees is the single most important method by which illegal or corrupt activity in the workplace is brought to light.

The Protected Disclosures (Protection of Whistleblowers) Act 2022 (the Act) facilitates the disclosure and investigation of serious wrongdoing in the workplace (also known as whistleblowing) and provides protection for employees and other workers who report concerns. Te Kawa Mataaho Public Service Commission administers this Act.

New Zealand was one of the first countries in the world to introduce dedicated legislation to protect whistleblowers – the Protected Disclosures Act 2000. This system was updated through the 2022 Act which expanded the definition of wrongdoing, removed hurdles to disclosure outside the organisation, clarified protections for disclosers, and strengthened the requirements on authorities receiving disclosures, particularly their obligation to protect the identity of the discloser.

However, there are still improvements which could increase the effectiveness of New Zealand’s protected disclosure system, and make sure that people can safely speak up when they see serious wrongdoing. The 2025 Public Service Census also indicated that public servants don’t always feel safe to speak up about issues: Most people (90%) said they knew what to do if they experienced or witnessed wrongdoing or inappropriate behaviour, but fewer (70%) said they felt safe to speak up about those issues.

The co-creation workshops for NAP5 identified the following issues with New Zealand’s protected disclosure system:

• Potential disclosers may lack information on, or feel deterred by, aspects of the protected disclosures system, such as the ‘not in bad faith’ requirement and the need to judge whether conduct qualifies as ‘serious’ wrongdoing.

• There is no data available to show whether or not the Act is achieving its aim of facilitating disclosures of serious wrongdoing and protecting people who disclose.

• There is a lack of clarity on the consequences when organisations unlawfully retaliate against whistleblowers. This could contribute to a lack of confidence in coming forward.

• Organisations which can receive protected disclosures (“appropriate authorities” under the Act) do not routinely share their practice and experience when considering protected disclosures. This could contribute to a lack of consistency in responses, and potentially non-compliance with the Act.

2. What are the causes of the problem?
Elaborate on your understanding of the causes of the problem. As much as possible, identify the root causes. Utilize problem analytical tools (e.g., problem tree, five whys, fishbone diagram, or other related methods) when necessary and provide evidence whenever possible.

Lack of maturity in applying the provisions of the Act
The Act provides for a wide range of organisations to receive protected disclosures as ‘appropriate authorities.’ It includes the head of any government organisation, any officer of Parliament8, and professional membership bodies. As a result, many appropriate authorities may only rarely receive protected disclosures and may lack maturity or knowledge in applying the protections in the Act. While the Act requires public sector organisations to have (and publish information about) internal procedures for dealing with protected disclosures, in practice there may be little awareness within organisations that these exist.

Barriers to sharing experiences
Protected disclosures are confidential and sensitive. Because of this, the organisations responsible for handling them often don’t know how to safely share their experiences or learn from each other. There is no official group or secure space to support this happening, while at the same time upholding the confidentiality of the disclosure.

People don’t always feel safe blowing the whistle
As noted above, potential disclosers may lack confidence that they will be adequately protected. Appropriate authorities / receivers of protected disclosures could use information

8 In New Zealand, an officer of Parliament means the Ombudsman, the Controller and Auditor-General, or the Parliamentary Commissioner for the Environment. Members of Parliament (including Ministers) are not officers of Parliament and are not appropriate authorities under the Act.

from the Public Service Census and feedback from disclosers to identify where best to target resources or strengthen processes to further reinforce that it is safe to speak up.

Commitment Description

1. What has been done so far to solve the problem?
What solutions were made available for this problem in previous years? How successful have they been? Legislation updated 2022

New Zealand’s law protecting whistleblowers was updated in 2022. It introduced:

1. A broader definition of serious wrongdoing

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2. Easier reporting requirements

3. Clearer responsibilities for those receiving disclosures

4. Stronger protections for whistleblowers (see above)

5. Clarity on internal processes for public sector organisations

Since these changes came into force, protected disclosures have increased. But there have also been reports, most recently the OECD Anti-Bribery Convention Phase 4 Report on New Zealand, that tell us that the system could be improved.

Guidance issued in 2025

In September 2025 the Public Service Commission released:

• Updated Speaking Up model standards, which set out the expectations on public sector organisations to support effective reporting and managing of wrongdoing concerns; and

• New guidance for complainants: Your Complaint, Your Rights, to help people understand their rights when speaking up about bullying, harassment, or discrimination in public sector workplaces.

Also in 2025, the Office of the Ombudsman published guidance for receiving and dealing with protected disclosures: Guidance for receivers | Ombudsman New Zealand.

Increasing number of protected disclosures

The number of protected disclosures being made is increasing. In June 2025, the Office of the Ombudsman recorded a 300 percent increase in protected disclosures matters since the 2022 Act came into force.9 This may reflect the expanded eligibility under the 2022 Act, but could also point to a greater awareness of the protections offered or a greater understanding of what constitutes serious wrongdoing at work. This increasing number of protected disclosures makes it more important that disclosures are handled fairly, consistently, and in accordance with the requirements in the Act. The problems cited above may mean that this is not happening.

2. What solution are you proposing?
What will you do to solve the problem? How does this differ from previous efforts? In what way will the solution solve the problem? How will the solution solve the problem? Will it solve the problem in its entirety or partially? What portion of the problem will it solve, if not the whole problem?

Practice review

9 Increase in awareness of whistleblowing legislation – latest survey | Ombudsman New Zealand

The Public Service Commission will undertake and publish a review of public sector agency practice in applying the Protected Disclosures (Protection of Whistleblowers) Act 2022.

Transparency on responses to retaliation

The Public Service Commission will research and publish information on the consequences for organisations that unlawfully retaliate against whistleblowers.

Investigating a community of practice

The Public Service Commission will scope the practicality of, and interest in, a protected disclosures community of practice, similar to the OIA Forum.

3. What results do we want to achieve by implementing this commitment?
What outputs would we like to produce? What changes in knowledge, skills, and capacities do we want to achieve? What changes in behaviour, systems, and practices do we want to create?

We want to achieve:
• Better awareness of the consequences for unlawful retaliation against whistleblowers and deterrence of this behaviour.

• Improved confidence that disclosures will be protected.

• Increased consistency in protected disclosure handling.

• Public confidence that there is a system to protect whistleblowing, and detect and respond to corruption or other forms of serious wrongdoing.

Commitment Analysis

2. How will the commitment help foster accountability?
Greater transparency on compliance with the Act’s requirements will enhance
How will it help public agencies become more accountable to the public? How will it facilitate citizens’ ability to learn how the implementation is progressing? How will it support transparent monitoring and evaluation systems? accountability.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? How will it proactively engage citizens and citizen groups? Publishing the practice review will enable citizens to monitor how agencies are implementing the Act’s requirements.

Milestones | Expected Outputs | Expected Completion Date

Refine and scope the project: identify a project lead and key contact point for the work within PSC develop a high-level project plan and draft methodology for the review, identify key stakeholders to engage with. | Project plan and associated documents (PSC) | June 2026

Research and publish information on the Commission website outlining consequences for agencies that unlawfully retaliate against whistle blowers.| Information published on PSC website. | June 2026

Undertake desk research on the protected disclosures regime, looking at past reviews, reports and commentary. This could include research on how well the regime works for different groups, including Maori and disability communities. | December 2026

Engage with agencies and other stakeholders to better understand the current state of protected disclosure management in practice, including strengthens, challenges and risks emerging from specific cases. This could include reasons people do not feel safe making disclosures currently. | April 2027

Scope practicality of, and interest in, a public sector protected disclosures community of practice. | Expressions of interest in community of practice recorded (as part of engagement) | April 2027

If practical, establish the public sector protected disclosures community of practice, including: Terms of Reference including governance arrangements Forward agenda | Community of practice established with a Terms of Reference and forward agenda. | June 2027

Publish a draft practice review document for public comment based on research and engagement feedback. | Draft Practice Review report published. To include summary of engagement noting key themes discussed | August 2027

Incorporate feedback and finalise practice review document, publish on PSC website. | Final Practice Review report published | September 2027

Consider “stretch” activities for further improving practice and understanding of protected disclosures, e.g. publishing data on the number and themes of protected disclosures. | TBC, dependent on Final Practice Review | December 2027