The Protected Disclosures (Protection of Whistleblowers) Act 2022 has received royal assent. The new legislation comes into effect on 1 July 2022 leaving little time for organisations to get their house in order.
Why the change?
The Protected Disclosures Act 2000 is now well over 20 years old. It is arguably no longer fit for purpose given the increased focus by regulators (and more broadly – many NZ organisations) on good governance, conduct and culture. The FMA and RBNZ conduct and culture reviews of 2018/19 identified the pressing need in New Zealand for effective whistleblower policies that are accessible, confidential and comprehensive. The Protected Disclosures (Protection of Whistleblowers) Act Bill was first introduced on 24 June 2020. The intent was to have new law by 1 July 2021, so the Act is a year behind its original schedule.
What is in the new legislation?
The amendments are aimed at strengthening the protection available to whistleblowers in New Zealand. Some key changes are:
New detailed guidance for a receiver of information
The new guidance states that a receiver of information should acknowledge receipt; consider the disclosure; deal with the matter; and inform the discloser about what the receiver is doing. The Act also explicitly states that a receiver can decide to take no action. The receiver should communicate this decision to take no action, and the reasons why, to the discloser. Reasons can include that the matter is best addressed by other...
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