sec.50Report and recommendations

### sec.50 Report and recommendations This section applies if the ombudsman considers— the administrative action should be referred to the agency for further consideration; or action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or a practice under which the administrative action was taken should be changed; or any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or reasons, or further reasons, should be given for the administrative action; or any other steps should be taken. The ombudsman may— give the principal officer of the agency a report that— states the action the ombudsman considers should be taken; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency. If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman— must give the principal officer of the agency a report that— states the nature of the breach of duty or misconduct; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— the responsible Minister for the agency; and if the agency is a local government—the local government’s mayor. The ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act. If the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must— give a copy of the report to all the members, however named, of the local government; and if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed. s 50 amd 2003 No. 19 s 3 sch ; 2014 No. 21 s 94 (2) sch 2 sub 2017 No. 17 s 180 (sec.50-ssec.1) This section applies if the ombudsman considers— the administrative action should be referred to the agency for further consideration; or action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or a practice under which the administrative action was taken should be changed; or any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or reasons, or further reasons, should be given for the administrative action; or any other steps should be taken. (sec.50-ssec.2) The ombudsman may— give the principal officer of the agency a report that— states the action the ombudsman considers should be taken; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency. (sec.50-ssec.3) If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman— must give the principal officer of the agency a report that— states the nature of the breach of duty or misconduct; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— the responsible Minister for the agency; and if the agency is a local government—the local government’s mayor. The ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act. (sec.50-ssec.4) If the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must— give a copy of the report to all the members, however named, of the local government; and if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed. - (a) the administrative action should be referred to the agency for further consideration; or - (b) action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or - (c) a practice under which the administrative action was taken should be changed; or - (d) any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or - (e) reasons, or further reasons, should be given for the administrative action; or - (f) any other steps should be taken. - (a) give the principal officer of the agency a report that— (i) states the action the ombudsman considers should be taken; and (ii) makes recommendations the ombudsman considers appropriate; and - (i) states the action the ombudsman considers should be taken; and - (ii) makes recommendations the ombudsman considers appropriate; and - (b) if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and - (c) if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency. - (i) states the action the ombudsman considers should be taken; and - (ii) makes recommendations the ombudsman considers appropriate; and - (a) must give the principal officer of the agency a report that— (i) states the nature of the breach of duty or misconduct; and (ii) makes recommendations the ombudsman considers appropriate; and - (i) states the nature of the breach of duty or misconduct; and - (ii) makes recommendations the ombudsman considers appropriate; and - (b) if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and - (c) may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— (i) the responsible Minister for the agency; and (ii) if the agency is a local government—the local government’s mayor. - (i) the responsible Minister for the agency; and - (ii) if the agency is a local government—the local government’s mayor. - (i) states the nature of the breach of duty or misconduct; and - (ii) makes recommendations the ombudsman considers appropriate; and - (i) the responsible Minister for the agency; and - (ii) if the agency is a local government—the local government’s mayor. - (a) give a copy of the report to all the members, however named, of the local government; and - (b) if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.