Te Taiao (Intranet) Page – Speaking up and the Protected Disclosures Act
Intranet Link: https://ministryforenvironment.sharepoint.com/sites/Te-Taiao-
Policies/SitePages/Speaking-up.aspx
This page has links to the following:
• Discrimination Policy
• Raising a complaint or concern
• Various pieces of guidance set out by the Public Service Commission
Content of page:
Speaking up and the Protected Disclosures Act
This page is about how you speak up or raise concerns about wrongdoing within the
Ministry.
Our commitment
The Ministry is committed to creating a safe environment where you can raise concerns
about potential or suspected wrongdoing without fear of punishment or reprisal. All
concerns will be taken seriously and acted on appropriately.
Why this matters
The Protected Disclosures (Protection of Whistleblowers) Act 2022 sets out requirements
for handling suspected serious wrongdoing. The Speaking Up – Model Standards outline
expectations for public sector organisations to support reporting and managing
wrongdoing.
See Speaking Up – Model Standards
“Any form of wrongdoing in the workplace is unacceptable and will not be tolerated in the
Public Service. I want to assure any public servant that they can speak up about
wrongdoing without fear of punishment or reprisal. This is really important to me and I
expect agencies to uphold these standards, take all allegations of wrongdoing seriously,
and keep you safe.” Sir Brian Roche, Te Tumu Whakarae Mō Te Kawa Mataaho | Public Service Commissioner
How to raise a concern
You can raise a concern formally or informally by contacting:
• your manager
• your General Manager
• your PSA delegate
• the General Manager - People and Capability, or
• the Chief Executive.
Your concern does not need to be in writing, however to raise a concern anonymously you
should send a letter to the GM People & Capability, Ministry for the Environment, PO Box
10362, Wellington 6143.
If you feel unsafe using the internal process, or feel all options have been exhausted, you
may contact an external agencies such as the Ombudsman.
Once you raise a concern, the Ministry will communicate clearly and regularly with you.
Anonymous protected disclosures
The Ombudsman can provide information and guidance to you and your workplace about
the circumstances in which anonymous disclosures can be made.
Before making an anonymous protected disclosure, think about whether your workplace
can investigate the information.
Confidentiality
We will protect your confidentiality as far as reasonably possible. Where this may not be
possible, we will inform you and provide appropriate support.
Protected Disclosures (Protection of Whistleblowers) Act 2022
The Protected Disclosures Act (the Act) protects staff who disclose serious wrongdoing. It
covers:
• How disclosures are made
• Investigation processes
• Protections for employees who report wrongdoing.
Who can make a disclosure
Anyone with an employment-type relationship, including:
• Current or former employees
• Contractors, secondees, volunteers, board members
A protected disclosure is when the discloser believes on reasonable grounds that there is,
or has been, serious wrongdoing in or by their organisation. They disclose in accordance
with the Act and they do not disclose in bad faith.
Read this information in conjunction with the Standards of Integrity and Conduct [PSC
Website].
What is serious wrongdoing
A serious wrongdoing as defined in the Act includes:
• an unlawful, corrupt or irregular use of public funds or public resources
• an act, omission, or course of conduct that:
o seriously risks public health, public safety or the environment
o constitutes an offence
o constitutes a risk to the maintenance of the law
o is oppressive, improperly discriminatory, grossly negligent or mismanaged.
The Act does not authorise a person to disclose information protected by legal privilege.
A disclosure by an employee will be protected by the Act:
• if the information is about serious wrongdoing in or by the Ministry
• the employee reasonably believes that the information is true or likely to be true
• the employee wishes the serious wrongdoing to be investigated.
Issues like dissatisfaction with leadership are usually not covered by the Protected
Disclosures Act.
Employment-related matters are generally dealt with under the Employment Relations Act,
not the Protected Disclosures Act.
You can still raise any concerns through the ‘Raising a complaint or concern’ process.
Protections for the employee making a disclosure
If you make a disclosure under the Act, you are protected from:
• Retaliation (eg: dismissal or less favourable treatment)
• Legal proceedings (eg: civil, criminal, or disciplinary)
• Breaches of confidentiality - the receiver will use best endeavours to keep the
discloser’s identity confidential, unless the employee has consented, or one of the
exceptions in the Act applies, and will consult with the discloser where required.
Investigation process
When a concern is raised, the Ministry will decide on appropriate action. Not all concerns
require investigation.
If an investigation occurs, we will:
• Set clear timeframes and terms of reference
• Use skilled, experienced, and independent investigators
• Inform anyone implicated and allow them to respond at the right time
We will keep you updated throughout the process (except for concerns raised
anonymously).
Making a disclosure
1 - Who to contact
Outline your disclosure in writing to the first appropriate channel (listed in escalating
order):
• line manager
• general manager
• deputy secretary
• the Ministry Chief Executive
• Any appropriate authority outside of the Ministry. This includes
o head of any public sector organisation
o officer of Parliament - the Ombudsman, Controller and Auditor-General,
Parliamentary Commission for the Environment.
If the discloser wishes to be anonymous, forward the disclosure in an envelope marked for
the attention of the General Manager - People & Capability.
2 - Acknowledge receipt
The person that receives the disclosure will contact P&C for advice and will acknowledge
receipt of the disclosure within two working days.
3 - Consider
The receiver will determine whether the disclosure warrants investigation.
4 - Check
The receiver will check with the discloser whether the disclosure has been made
elsewhere (and any outcome).
5 - Action
The receiver will do one or more of the following:
• investigate the disclosure
• address any wrongdoing
• refer to an appropriate authority.
o after consulting with the discloser and intended recipient.
o If referred, the receiver will inform the authority about what the organisation
has done or is doing to deal with the matter.
o the organisation informs the discloser that it has been referred
• decide that no action is required.
6 - Inform discloser (with reasons)
The discloser will be told what action has been taken and why.
Support
Find out more about protected disclosures and what you can expect:
• Protected disclosures guidance [Public Service Commission]
• Your complaint, your rights [Public Service Commission]
The Ministry can provide practical assistance and advice to disclosers. For example, by
having a support person assess any risks to a discloser.
All employees have free and confidential access to EAP counselling support. Call 0800 327
669 to speak with someone.
Contact People Services or Legal Services if you have any questions.
