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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