Why are we consulting the public?

Sometimes, people find out their manager or co-worker is engaging in activities that are illegal, corrupt or pose a serious threat to public safety. The Government is committed to protecting New Zealanders who ‘speak up’ in these circumstances.

We have a law in New Zealand - the Protected Disclosures Act 2000 - to protect people from losing their jobs or getting mistreated for speaking up in the public interest.

However, after 18 years of operation, we now have a better understanding of what works and what doesn’t. People have told us that they don’t always know when to use the Act and can find it difficult to navigate.

Proposals

You can read through the proposals here.

We have identified five options for change and would like to encourage all New Zealanders to share their views on the benefits and risks of different proposals.

These options were informed by our earlier engagement with stakeholders in February and March 2018 to learn more about the challenges people encounter under the current regime and the pros and cons of different international approaches. This included a range of organisations from the public and private sector and people with experience of using the Act.

Make a submission on the Protected Disclosures Act Review

For more information, see:

Consultation Document

Fact sheet: What is the Protected Disclosures Act 2000?

Summary report: Targeted Consultation in February and March 2018

Fact sheet: What do other countries do?

Briefings to the Minister of State Services and Cabinet Paper

Questions?

If you have any questions please email us at [email protected] 

Making a submission

Your feedback will help shape reforms to the Protected Disclosures Act.

Your submission may respond to any or all of the questions posed in this document. We also encourage your input on any other relevant areas.

Where possible, we would also appreciate any evidence you are able to share to support your views - for example references to independent research, case studies or facts and figures.

Closing Date

Consultation closes at 5pm on Friday 7 December 2018.

Online
You are unable to save your answers as you go, so you may prefer to open the proposals in a new window on your browser so you can refer to them.

If you do not have enough time to answer all the questions at one time, please answer what you can, hit the submit button, and when you return, only answer those questions you have not responded to previously.

Email
You can email your submission to [email protected]

Post
You can send your submission to:

Protected Disclosure Act Reform Consultation
State Services Commission
P O Box 329
Wellington 6140

How will we use your feedback?

We will use your feedback and other evidence to advise the Minister of State Services on final options for change. The consultation period ends on 7 December 2018.

The State Services Minister may then seek Cabinet’s agreement to his preferred options. If Cabinet agrees, a Bill will be drafted.

If this happens, then the Bill would be expected to be introduced to Parliament in 2019. You will then have an opportunity to comment on the draft legislation when it is considered by a Select Committee.

The Government is working towards having the Bill passed by late 2020.

Other ways to get involved

Making a written submission is one way you can suggest improvements to the Protected Disclosures Act. You can also join the conversation with us on the SSCNZ Facebook page.

If you have any questions about the consultation process or the proposals, please email us at [email protected].

Official Information Act 1982

We intend to publish all written submissions on the SSC website.

Please note also that all submissions are subject to the Official Information Act 1982, and that your submission may therefore be the subject of a request.

If you do not want your submission to be made public, please state this clearly, together with your reasons, and whether your objection relates to your whole submission or to a part or parts of it.  Any personal information you supply in the course of making your submission will be used by us only in relation to the matters covered in this discussion paper. Please clearly indicate in your submission if you do not want your name to be included in any summary of submissions that we publish.

Give us your feedback

Your feedback will help us confirm some ideas as well as challenge us on others.

What do we want to achieve?

What isn't working so well now?

Options for change

Build strong foundations

Allow people to report concerns to an external body at any time

Establish stronger oversight

Introduce monitoring for the public sector

Introduce monitoring for all organisations

Changes we are not proposing

When you give feedback, be respectful of other readers and follow our Social Media Community Guidelines. If you include any personal information, it will be handled in line with our Privacy Policy. The feedback and details you give us will be used to create future proposals and for SSC research purposes.