The Act covers wrongdoing in, or by, any organisation, including small businesses, government agencies, and non-government associations.

The new Act extends the definition of ‘serious wrongdoing’ to cover private sector use of public funds and authority, and expressly includes behaviour that is a serious risk to the health and safety of any individual, including bulling and harassment

It also strengthens protections for disclosers by specifying what a receiver of a disclosure should do, ensuring confidentiality, immunity from disciplinary action, and protection from retaliation through the Employment Relations Act 2000 and the Human Rights Act 1993.

Minister for the Public Service, Chris Hipkins, commented that “This Government is committed to protecting New Zealanders who speak up about serious wrongdoing in the workplace, and this will greatly improve how we protect disclosers across both the public and private sectors. It is vital that employees and workers can freely speak up when they have concerns about ethics, risks, financial impropriety and safety in the workplace – without the fear of recrimination.”

Public sector employers, who are already required to have internal procedures in place for handling protected disclosures, should review them according to the new Act, because it expands on and clarifies the required content of these procedures, including stating how the organisation will provide support to disclosers.

Also, private sector employers should implement internal procedures for handling protected disclosures, as they are still required to comply with the Act.

New Zealand was one of the first countries in the world to introduce a dedicated whistleblower protection legislation in 2000 and this amendment confirms great attention and sensitivity to this  important issue.

The situation is different in Europe. Here is an analysis of the status of implementation of the EU Whistleblowing Directive across EU jurisdictions.