Whistleblowers Policy

Introduction

  • We have provided a sample Whistleblowing Policy template to assist you in either starting or improving your policy.
  • We have provided examples of best practice throughout the template, but you will need to consider what works best for your organisation.
  • We recommend that you consult your in-house experts and seek external help if required.

Policy Statement

  • This policy sets out the process for raising concerns about actual, suspected or anticipated wrongdoings (wrongdoing) within [Organisation Name]. It sets out what a wrongdoing is, who those wrongdoings can be reported to and how [Organisation Name] will address such wrongdoings.
  • [Organisation Name] has approved this policy to ensure it complies with the laws and practices that protect the rights of people who raise concerns about wrongdoings in or by [Organisation Name]. This policy is in accordance with:
    • The Protected Disclosures Act 2000 (the Act); 
    • The Human Rights Act 1993 (section 66(1)(a)); and 
  • [Organisation Name] will publish this policy on its website (https://domain.co.nz) and communicate to its employees, directors and contractors the procedures for submitting allegations. Such persons are encouraged to report complaints or concerns regarding suspected serious wrongdoing via the channels detailed in this policy. These may be submitted on an anonymous/confidential basis.

Purpose

  • The purpose of this Policy is to make employees, directors and contractors aware of the processes by which suspected serious wrongdoing can be reported, within the framework of protection provided by the Act. 
  • This Policy provides a reporting and investigation mechanism for serious wrongdoing to manage risk, promote transparency, protect [Organisation Name]’s reputation and protect any person making a disclosure from reprisal or disadvantage.

Definition of Serious Wrongdoing

  • “Serious Wrongdoing” is defined in the Act to include any serious wrongdoing of any of the following types:
    • any unlawful, corrupt, or irregular use of funds or resources; or
    • an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or
    • an act, omission, or course of conduct that constitutes a serious risk to the maintenance of law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
    • an act, omission, or course of conduct that constitutes an offence; or
    • an act, omission, or course of conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement.  
  • The Act also gives an extended meaning to “Employee” so as to include a former employee; a person seconded to [Organisation Name]; an individual who is engaged or contracted under a contract for services to do work for [Organisation Name]; and a person concerned in the management of [Organisation Name].

To request a copy of the remainder of the Sample Whistleblowers Policy, contact us at:

Whistleblowers Service
Incident Response Solutions Limited
Level 26, PwC Tower, 188 Quay St
Auckland, 1010
Ph: 09 3637910 (Office Hours Monday to Friday 8.30am – 5.00pm)
Ph: 021 779 310 (24 Hour Support)
Email: support@incidentresponse.co.nz