Council, 3 July 2024.
This policy outlines the procedure through which disclosures can be made to the Christchurch City Council (“the Council”) under the Protected Disclosures (Protection of Whistleblowers) Act 2022 (“the Act”), and the Council’s obligations under the Act when receiving a Protected Disclosure.
The Policy aims to ensure a person(s) who discovers serious wrongdoing in or by the Council understands:
This policy applies to anyone who is (or was formally) a Council employee, homeworker, secondee, contractor, volunteer, elected member or involved in the management or governance of the Council, this includes the CE, Mayor, Councillors, Community Board members and independent members of Council committees.
All employees and elected members of the Council must facilitate the disclosure and investigation of matters of serious wrongdoing in or by the Council.
The Protected Disclosures (Protection of Whistleblowers) Act 2022 seeks to promotes public interest by facilitating the disclosure and investigation of serious wrongdoing in the workplace, and protections for individuals who make disclosures.
The Council’s policy reflects our commitment to protecting people who disclose serious wrongdoing in accordance with the Protected Disclosures (Protection of Whistleblowers) Act 2022(external link) (the Act).
This policy provides the internal procedures Council will follow to encourage, receive, and investigate protected disclosures.
The Act provides protections for person(s) who make a protected disclosure. A person makes a protected disclosure when they:
A person who discloses information is known as a discloser.
Under the Act a discloser is entitled to certain protections.
Serious Wrongdoing can include:
The full definition of serious wrongdoing can be found in schedule one of this Policy.
A discloser is entitled to protection under the Act for making a protected disclosure to the Council’s Protected Disclosures Officer, the CE, or an appropriate authority.
The Protected Disclosures Officer, CE, or the appropriate authority are the receiver.
A discloser is entitled to protection even if:
A discloser can disclose to an appropriate authority (including the Ombudsman) at any time whether they have also disclosed the serious or suspected serious wrongdoing to the Council or to another appropriate authority.
The Act provides a number of protections to a discloser, and these are set out in detail in sections 17 to 24 of the Act. Protections include:
In terms of confidentiality, the Council may need to release information that identifies the discloser and will only do so if the discloser consents to the release of the information or there are reasonable grounds to believe the release of the information is essential:
If this is required, the Council will consult with the discloser before the information is released.
Council may also need to release information that identifies the discloser if there are reasonable grounds to believe the release of the information is essential:
In such cases, the Council will consult with the discloser (if practicable) before the information is released and inform the discloser following the release.
A discloser is not entitled to protections under the Act if:
If a person suspects any serious wrongdoing in or at the Council, they should make a protected disclosure.
The appointment of Council’s Protected Disclosures Officer is delegated to the CE in consultation with the Chair of the Audit and Risk Management Committee. The person in this role can receive disclosures in line with this policy. Protected disclosures should be communicated formally by email to:
People considering making a protected disclosure may wish to have a confidential conversation with the Protected Disclosures Officer about their concerns. Any such conversations will be considered under this policy as confidential.
If a discloser believes on reasonable grounds, it is not appropriate to make the protected disclosure to the Protected Disclosures Officer because the Officer might be involved in the serious wrongdoing or have a relationship or association with a person involved in the alleged wrongdoing, then a protected disclosure can be made to the CE.
The Council will provide practical assistance and advice to the discloser, Such as:
A discloser can also get in contact with an appropriate authority at any time to make a protected disclosure. An example list of an appropriate authority is outlined in Schedule Two of this Policy.
A protected disclosure will be handled at the Council as outlined below.
The Council will acknowledge to the discloser the date the disclosure was received (and, if the disclosure was made orally, summarise the receiver’s understanding of the disclosure).
The Council will consider the disclosure and whether it warrants investigation.
The Council will check with the discloser whether the disclosure has been made elsewhere.
The Council will deal with the matter by doing one or more of the following:
Inform the discloser (with reasons) about what the receiver has done or is going to do to deal with the matter.
In line with the Act, the Council will aim to complete these actions within 20 working days of receiving the disclosure. However, in some cases, more time may be needed, for example, if further investigation is warranted. If this is the case, the Council will keep the discloser informed of progress and expected timeframes required to deal with the disclosure.
The receiver of a disclosure may decide that no action is required. If this is the case the receiver will inform the discloser of their decisions and reasons for that decision.
If a person believes on reasonable grounds that the Council has not acted as it should or has not dealt with the matter, then the discloser can make a disclosure to:
Term | Definition |
Appropriate Authority |
Without limiting the meaning, of the term –
An example list of appropriate authority can be found in schedule two of the Act. |
Council | Means the Christchurch City Council |
Receiver |
Means the receiver of a protected disclosure who is either—
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Serious Wrongdoing |
Serious wrongdoing means (section 10 of the Act). Serious wrongdoing includes any act, omission, or course of conduct in (or by) any organisation that is 1 or more of the following:
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Nature of concerns | Appropriate authority |
Anticompetitive conduct |
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Bullying or harassment, including sexual harassment |
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Charities |
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Child welfare and child protection |
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Consumer protection |
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Crime |
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Discrimination |
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Energy safety |
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Environment |
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Financial reporting (private sector–issuers and large companies) |
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Financial reporting (public sector) |
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Health |
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Health and safety (work-related) |
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Housing |
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Intelligence and security or classified information |
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International relations |
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Police |
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Privacy of individuals or security of personal information |
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Professional or trade conduct |
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Prosecutions |
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Public sector |
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Public service |
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Racism |
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Sector regulation |
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Social support or benefits |
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State services |
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Transport and transport safety issues |
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Whistleblowing and protected disclosures |
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An Ombudsman may provide information and guidance to any person on any matter about the Act (either after a request or at the Ombudsman’s discretion).
If a discloser notifies an Ombudsman that the discloser has made, or is considering making, a protected disclosure, an Ombudsman must provide information and guidance to the discloser about the following (as relevant):
An Ombudsman may—
Policy owner | Chief Executive |
Approved by | Council |
Date approved | 3 July 2024 |
Date or parameters for next review | Change in legislation or 3 years from last review |
Applies to | All employees, secondees, contractors, elected members, volunteers, agency staff, consultants, and independent members of Council committees. |
Related policies |
This policy should be read in light of Council’s other policies which address or require particular conduct. For example:
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