45Restricted use of information

45 Restricted use of information (1) Evidence of anything said or admitted during the conciliation or mediation process and any document prepared for the process: (a) cannot be used in any later investigation of the complaint unless the person who said or admitted the thing, or to whom the document relates, consents to its use; and (b) is not admissible in a proceeding for a breach of discipline or any proceeding in a court or tribunal. (2) However, the information or document may be used for the prosecution of a person for an offence against this Act.

Ombudsman Act 2009 22 (3) In addition, subsection (1) does not prevent the use of an agreement for the resolution of a complaint that, under section 44(5), is binding on the parties to the complaint.