Protected Disclosures Act Guide

The Protected Disclosures Act, also known as New Zealand’s Whistleblower Protection Act, protects employees who speak up about serious wrongdoing at work. It gives people a safe way to report issues like fraud, misconduct, or risks to public safety; without fear of losing their job or facing retaliation.

Every business wants an honest and transparent workplace. But sometimes, employees spot behaviour that doesn’t sit right; like misuse of company funds or breaches of health and safety. The Protected Disclosures Act 2022 helps them raise these concerns safely.

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For employers, this law matters because it builds trust. When staff know they can speak up without risk, you’re more likely to uncover problems early and maintain a healthy culture. For employees, it’s a sign that their voice is valued and protected.

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In this guide, you’ll learn:

• What the Protected Disclosures Act covers
• How it changed from the 2000 version
• What counts as a protected disclosure

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What Is the Protected Disclosures Act?

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The Protected Disclosures (Protection of Whistleblowers) Act 2022 replaced the Protected Disclosures Act 2000. It aims to make it easier and safer for people to report serious wrongdoing in workplaces.

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The law applies to both public and private sectors across New Zealand. Whether you’re in a small Auckland café or a large national company, the same rules apply.

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The Act is designed to:

• Protect whistleblowers from unfair treatment
• Ensure disclosures are handled correctly
• Encourage accountability and transparency in organisations

This is often referred to as the Whistleblower Act NZ.

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What Changed from the 2000 Act to the 2022 Act?

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The Protected Disclosures Act 2000 was the first version of the law. But over time, it became clear that many people found it confusing or hard to use. The 2022 update, officially called the Protected Disclosures (Protection of Whistleblowers) Act 2022, was introduced to simplify the process and strengthen protections.

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Here’s a quick comparison:

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Scope of "Serious Wrongdoing"

• 2000 Act: Mainly focused on public sector issues.
• 2022 Act: Expanded to cover both public and private sectors.

Who Can Report

• 2000 Act: Public employees only.
• 2022 Act: Any employee, contractor, or volunteer.

How to Report

• 2000 Act: Limited to internal processes.
• 2022 Act: Allows disclosures to external authorities, such as the Ombudsman.

Bad Faith Disclosures

• 2000 Act: Less clear on consequences.
• 2022 Act: Clearer about exclusions for disclosures made in bad faith.

Information Sharing

• 2000 Act: Restricted.
• 2022 Act: Allows information sharing between authorities to help manage cases properly.

Support for Whistleblowers

• 2000 Act: Minimal.
• 2022 Act: Places a clearer duty on organisations to provide support and maintain confidentiality.

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What Counts as a Protected Disclosure?

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A protected disclosure happens when someone reports serious wrongdoing in their organisation.

Examples include:

• Misuse of public funds
• Corruption, fraud, or dishonesty
• A serious risk to public health, safety, or the environment
• Breach of law or serious misconduct

To be protected under the law:

1. The person must believe the information is true.
2. The report must be made in good faith.
3. The disclosure must be made to the right person (such as a manager, HR, or the Ombudsman).

If a report is made in bad faith, meaning the person’s main goal is to harm someone or the business, the protection doesn’t apply.

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Key Takeaways for Employers and Employees

• The Protected Disclosures Act 2022 replaces the 2000 law to make whistleblowing safer and clearer.
• Anyone in an organisation can report serious wrongdoing; not just employees.
• Reports must be made in good faith to be protected.
• Employers must handle disclosures fairly, confidentially, and without retaliation.
• A transparent “speak-up” culture strengthens workplace integrity and compliance.

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