Protected Disclosures (Whistleblowers) in New Zealand – 2026 Compliance Guide
This guide explains your rights and obligations under the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the Act). It replaces the 2000 Act and strengthens protections for people who report serious wrongdoing in the workplace. This guide is current as of May 2026.
Who is protected?
Under section 6 of the Act, any individual who makes a protected disclosure is protected — including employees, contractors, secondees, volunteers, and former workers. You do not need to be a current employee. The Act covers disclosures made in good faith and on reasonable grounds.
Key rule: You are protected if you honestly believe the information you disclose shows serious wrongdoing, even if you turn out to be wrong — as long as your belief was reasonable at the time.
What is serious wrongdoing?
Section 10 defines serious wrongdoing as any of the following:
- An unlawful, corrupt, or irregular use of public funds or resources
- An act or omission that seriously endangers public health or safety, or the environment
- An act or omission that is a serious criminal offence
- An act or omission that is oppressive, discriminatory, or grossly negligent, or that constitutes serious mismanagement
- Conduct that would be a serious disciplinary offence
Note: Personal grievances (e.g., disputes about pay or working conditions) are not covered unless they also involve serious wrongdoing.
Internal vs external disclosure
The Act encourages you to raise concerns internally first (section 12). You should disclose to your organisation’s designated disclosure officer, your manager, or your employer. If that is not appropriate, you can go to an appropriate authority (section 14).
Appropriate authorities include:
- The Ombudsman (for public sector matters)
- The Police (for criminal matters)
- The Serious Fraud Office
- Other regulators such as the Health and Disability Commissioner or WorkSafe NZ
You can make an external disclosure directly if:
- You believe your employer will victimise you
- You believe evidence will be destroyed
- The matter is urgent or exceptionally serious
- You have already disclosed internally and no action was taken within 20 working days (section 15)
Warning: If you disclose to the media or the public without first going through internal or appropriate authority channels, you may lose your protection under the Act. Always seek legal advice before going public.
Role of the Ombudsman
The Ombudsman is the central oversight body for protected disclosures (section 20). Their role includes:
- Receiving and assessing disclosures about public sector organisations
- Providing guidance to people who want to make a disclosure
- Monitoring how organisations handle disclosures
- Investigating if an organisation fails to follow the Act
You can contact the Ombudsman for free, confidential advice before making a disclosure.
Retaliation protections
Section 23 makes it unlawful for anyone to retaliate against you for making a protected disclosure. Retaliation includes:
- Dismissal, demotion, or suspension
- Harassment, intimidation, or discrimination
- Refusing to employ or engage you
- Any other detrimental treatment
If you suffer retaliation, you can:
- Lodge a personal grievance under the Employment Relations Act 2000
- Seek damages, reinstatement, or other remedies from the Employment Relations Authority or the Human Rights Review Tribunal
- Claim up to $100,000 in compensation for emotional harm
Key rule: The burden of proof shifts to the employer if you raise a retaliation claim. The employer must show that the alleged retaliation was not because of your disclosure.
How to make a protected disclosure
Follow these steps to ensure your disclosure is protected:
- Identify the serious wrongdoing — ensure it fits the definition in section 10.
- Check your organisation’s policy — most NZ organisations with 10+ employees must have a protected disclosures policy (section 11).
- Disclose internally — to your manager, disclosure officer, or board. Put it in writing if possible.
- Wait 20 working days — if no action is taken, you can go to an appropriate authority.
- Contact the Ombudsman — for free advice or to make a disclosure about a public sector body.
You can also make a disclosure anonymously, but the Act’s protections may be harder to enforce if your identity is unknown.
Need to manage a protected disclosure at work?ShiftScript’s compliance portal helps you track disclosures, assign investigators, and meet your obligations under the Act.
Access the portal now.
Frequently asked questions
Can I be fired for whistleblowing?
No — the Act makes it unlawful to dismiss or disadvantage you for making a protected disclosure. If you are fired, you can claim unjustified dismissal and seek reinstatement or compensation.
What if my employer has no disclosure policy?
Organisations with 10 or more employees must have a policy (section 11). If yours does not, you can still make a protected disclosure directly to an appropriate authority. The Ombudsman can also investigate the lack of a policy.
Does the Act cover disclosures about private sector companies?
Yes — the Act applies to both public and private sector organisations. However, for private sector matters, the appropriate authority may be a regulator like WorkSafe or the Commerce Commission.
How long do I have to make a disclosure?
There is no time limit, but you should act promptly. Delays may affect the credibility of your disclosure or the ability to investigate.
Can I disclose to the media?
Only in very limited circumstances — for example, if you have already disclosed to an appropriate authority and they failed to act, or if the matter is exceptionally serious. You should seek legal advice first. Disclosing to the media without following the Act may void your protection.
Frequently asked questions
Can I be fired for whistleblowing?
No — the Act makes it unlawful to dismiss or disadvantage you for making a protected disclosure. If you are fired, you can claim unjustified dismissal and seek reinstatement or compensation.
What if my employer has no disclosure policy?
Organisations with 10 or more employees must have a policy (section 11). If yours does not, you can still make a protected disclosure directly to an appropriate authority. The Ombudsman can also investigate the lack of a policy.
Does the Act cover disclosures about private sector companies?
Yes — the Act applies to both public and private sector organisations. However, for private sector matters, the appropriate authority may be a regulator like WorkSafe or the Commerce Commission.
How long do I have to make a disclosure?
There is no time limit, but you should act promptly. Delays may affect the credibility of your disclosure or the ability to investigate.
Can I disclose to the media?
Only in very limited circumstances — for example, if you have already disclosed to an appropriate authority and they failed to act, or if the matter is exceptionally serious. You should seek legal advice first. Disclosing to the media without following the Act may void your protection.