Official Information
23
(3)
Notwithstanding anything in this section, the Ombudsman shall not,
in any report made under this section, make any comment that is adverse to any person
unless the person has been given an opportunity to be heard.
(4)
Except as provided in subsection (1) of this section, nothing in
section 19 of the Ombudsman Act 1984 shall apply in respect of a decision that may be
investigated and reviewed under section 30(1) or section 30(2) of this Act.
34.
Disclosure of certain information not to be recommended – Where (a)
the Prime Minister certifies that the making available of any
information would be likely to prejudice –
(i)
the security or defence of the Cook Islands or the
international relations of the Government of the Cook
Islands; or
(ii)
any interest protected by section 7 of this Act; or
(b)
the Attorney-General acting after consultation with the
Solicitor-General certifies that the making available of any
information would be likely to prejudice the prevention,
investigation, or detection of offences,
the Ombudsman shall not recommend that the information be made available, but may
recommend that the making available of the information be given further consideration by
the appropriate Ministry or Minister of the Crown or organisation.
35.
Recommendations made to the Ministry or Minister of the Crown or
organisation – (1) Where a recommendation is made under section 33(1) of this Act to a
Ministry or to an organisation named in Schedule 1 (a)
a public duty to observe that recommendation shall be
imposed on that Ministry or organisation from the
commencement of the twenty-first working day after the day
on which that recommendation is made to the Ministry or
organisation unless, before that day, the Queen’s
Representative by Order in Executive Council, otherwise
directs; and
(b)
the public duty imposed by paragraph (a) of this subsection
shall be imposed not only on the Ministry or organisation
itself but also on –
(i)
the members of the organisation and its governing
body (if any); and
(ii)
every officer and employee of that Ministry or
organisation to whom that recommendation is
applicable; and
(iii)
every body within that Ministry or organisation to
whom that recommendation is applicable; and
(iv)
every
statutory
officer
to
whom
that
recommendation is applicable.
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