Protected disclosures – reporting serious wrongdoing

Council is committed to providing a safe workplace where staff are empowered to speak up if they have concerns.

If you have concerns about serious wrongdoing at Council you can make a protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2002.

What is a protected disclosure?

Protected disclosures can be made about serious wrongdoing.

Serious wrongdoing includes:

• an offence
• a serious risk to the health or safety of the public or an individual
• a serious risk to the maintenance of the law
• unlawful, corrupt or irregular use of Council funds or resources
• oppressive, discriminatory or grossly negligent acts, or gross mismanagement by a Council employee or person performing a Council function.

If you're unsure about whether the information you want to disclose relates to serious wrongdoing, you can contact the Ombudsman for advice.

Your disclosure will be protected if you:

• believe on reasonable grounds that there is or has been, serious wrongdoing
• follow Council’s disclosure procedure, which follows the Protected Disclosures Act

Disclosure to another person will only be protected if it is done on a confidential basis and is for the purpose of seeking advice about whether or how to make a protected disclosure.

Your disclosure won’t be protected if you:

• make it in bad faith; or
• are disclosing information that is legally privileged (you can seek legal advice or contact the ombudsman if you are unsure whether the information you wish to disclose is legally privileged).

Who can make a protected disclosure?

Current and former employees, contractors, consultants, secondees, volunteers Council Controlled Organisations, and elected and appointed members can make a disclosure under the Protected Disclosures Act.

If you do not fit one of the categories above you can report your concerns via Council’s Customer Complaints, Compliments and Suggestions Policy and online complaints form.

How to make a protected disclosure

If you would like to make a protected disclosure you can:

• Call 04 296 4700 or 0800 486 486 and ask to speak to the General Counsel
• Fill in the online form
• Write to us at 175 Rimu Road Paraparaumu 5032. Attention: General Counsel

Disclosures can also be made to the Group Manager People and Capability, General Counsel, Chief Executive or direct to the Mayor. These are Council’s designated ‘receivers’ under the Act.

You can make a protected disclosure to the Ombudsman or another Appropriate Authority at any time.

Disclosures can be made anonymously, however if Council needs more information in order to investigate your concerns and it cannot contact you, we may not be able to take your concerns further.

Support available to staff making a protected disclosure

If you're contemplating making a protected disclosure or have already made a protected disclosure, you can access Council’s confidential EAP services for support as you work through the process.

Council staff and former Council staff seeking advice or guidance on making a disclosure under the Act may choose to seek advice from their union (where applicable) or own lawyer. You can also obtain guidance on how Council deals with protected disclosures from one of Council’s receivers listed above.

Your protections as a discloser

Council has strict obligations on receipt of a protected disclosure.

• We must keep your identity confidential
  There are limited exceptions to confidentiality
• We must not retaliate or treat you less favourably
  We must not retaliate or threaten to retaliate against you because of your disclosure.
• Immunity from civil, criminal and disciplinary proceedings
  You are protected from liabilty from any civil, criminal or disciplinary proceedings that arise because of making the disclosure.

You can request a copy of Council’s internal procedures for Protected Disclosures.