126Failure to comply with particular notices

126 Failure to comply with particular notices (1) This section applies if the Ombudsman gives a person a notice under section 52 or 53. (2) The person must comply with the notice. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse under subsection (5). (4) It is not a reasonable excuse for the person to fail to comply with the notice on the ground that complying with it: (a) would be contrary to the public interest or would contravene another Act; or (b) would disclose legal advice given to a minister or the Police Force; or (c) if the person is a police officer – might tend to show the officer has committed a breach of discipline. (5) However, it is a reasonable excuse for the person to refuse to comply with the notice if: (a) the notice requires the person to give information or a document that is not relevant to the investigation to which the notice relates, including for example, disclosing legal advice that is not relevant to the investigation; or (b) for an individual including a police officer – complying with the notice might tend to incriminate the individual. (6) If compliance with the notice would (apart from this subsection) be a contravention of another Act, the person is not liable to a penalty under the Act merely because the person complied with the notice.

Ombudsman Act 2009 59