sec.16What ombudsman may not investigate

### sec.16 What ombudsman may not investigate The ombudsman must not question the merits of— a decision, including a policy decision, made by a Minister or Cabinet; or a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet. Also, the ombudsman must not investigate administrative action taken by— a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or the auditor-general; or a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 . s 16 amd 2003 No. 19 s 3 sch ; 2006 No. 25 s 241 (1) sch 3 ; 2009 No. 13 s 205 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2023 No. 32 s 77 (sec.16-ssec.1) The ombudsman must not question the merits of— a decision, including a policy decision, made by a Minister or Cabinet; or a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet. (sec.16-ssec.2) Also, the ombudsman must not investigate administrative action taken by— a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or the auditor-general; or a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 . - (a) a decision, including a policy decision, made by a Minister or Cabinet; or - (b) a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet. - (a) a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or - (b) a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or - (c) a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or - (d) a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or - (e) the auditor-general; or - (f) a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or - (g) a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or - (h) the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .