In New Zealand’s shifting regulatory landscape, the act of speaking up about serious wrongdoing inside organisations is becoming more visible. With the Protected Disclosures (Protection of Whistleblowers) Act 2022 coming into force on 1 July 2022, leadership teams face growing pressure to ensure staff can report concerns safely. The Office of the Ombudsman’s guidance document titled “Protected disclosures – internal policies and procedures” (published 1 July 2022) provides a detailed blueprint for developing and reviewing internal procedures. The guidance can be accessed through the Ombudsman’s website.
What the Legislation Requires
The Act mandates that public-sector organisations must have internal procedures for receiving, assessing and acting on protected disclosures. The Ombudsman’s guidance also strongly encourages private organisations and not-for-profits to adopt similar structures because the risks of mishandled disclosures exist across all sectors.
According to the guidance, core elements of internal procedures should include:
- A clear organisational commitment to ethical conduct and accountability.
- Definitions of who can make a disclosure, what constitutes serious wrongdoing, who receives disclosures and how they are handled.
- Protections for the person making the disclosure, including confidentiality, safeguards against retaliation and immunity from civil, criminal or disciplinary consequences.
- Procedures that are published and easy for staff (and in some cases former staff) to find and understand.
These set the minimum expectations. The guidance emphasises that for procedures to be effective they must also be practical, well communicated and embedded in the organisation’s culture.
Where Most Organisations Fall Down
Even when a policy exists, many organisations struggle to create an environment where staff feel safe to speak up. The guidance highlights several common failures, including:
- Reporting channels that force staff to report to someone closely connected to the issue.
- A perception that disclosures are ignored or brushed aside.
- Limited or no communication once a disclosure is made.
- Leadership behaviour that contradicts the stated commitment to raising concerns.
Because these issues persist, many organisations have realised that relying solely on internal channels may be inadequate. The guidance notes that employees should always understand their ability to report to an “appropriate authority” when internal processes are unsuitable, reinforcing the value of independent reporting avenues.
Why Independent Channels Are Becoming Standard
Independent reporting platforms remove many of the barriers staff experience when reporting concerns internally. The Ombudsman’s guidance acknowledges that external reporting is appropriate when internal processes are compromised, conflict-prone or not trusted.
Independent channels, particularly those backed by forensic capability, offer organisations several advantages:
- A neutral and unbiased pathway separate from internal relationships.
- Confidence that reports will be handled impartially and professionally.
- Secure intake mechanisms with anonymity options.
- Proper evidence handling, which becomes critical if a matter escalates to investigation or litigation.
- Structured workflows that reduce the chance of mistakes.
- Clear audit trails that support legal defensibility.
For employees, the decision to speak up often hinges on whether they trust the mechanism and believe action will follow. For leadership teams, independent channels help surface issues earlier, ensure consistent handling and reduce organisational risk.
Five Practical Steps Every Organisation Should Take
1. Offer multiple reporting channels, including an external option
Internal pathways are important, but pairing them with a safe, independent reporting route significantly increases staff confidence.
2. Train staff and disclosure-receivers
Everyone needs to understand what serious wrongdoing means, what the protected disclosures process involves and what responsibilities apply to the person receiving the report.
3. Build follow-up communication into the process
Prompt acknowledgement and regular updates build trust. A lack of communication is one of the fastest ways to undermine confidence.
4. Promote a genuine speak-up culture
Leadership should visibly endorse the process, share aggregated learnings and show that disclosures are taken seriously.
5. Review and update regularly
The Ombudsman’s guidance emphasises the importance of reviewing policies and procedures regularly to reflect organisational and legislative change.
Final Word
A protected disclosure process is more than a compliance requirement. Publishing a document is the easy part. Creating a trusted environment where people feel safe to report is the real challenge. The Ombudsman’s guide provides a clear roadmap for meeting both the legal and cultural expectations.
Independent reporting channels, particularly those supported by forensic-capable providers, offer neutrality, structure and security that internal-only systems often can’t match. Organisations that invest in these systems detect issues earlier, strengthen trust and reduce the risk of serious harm.
Whistleblowers 