If you believe there has been serious wrongdoing in relation to the financial markets by the organisation you work for, you can make a protected disclosure (whistle blowing).
You are protected under the Protected Disclosures (Protection of Whistleblowers) Act 2022 if you work (or have worked) for the organisation you are making the disclosure about. A worker includes contractors, homeworkers, volunteers, and people seconded to the organisation.
You can also make a protected disclosure to the FMA if you believe there has been serious wrongdoing by or in the FMA, and you have worked for or were a member of the FMA.
The purpose of the Protected Disclosures (Protection of Whistleblowers) Act is to encourage people to report serious wrongdoing in their workplace by providing protection for employees who want to “blow the whistle”.
A disclosure of information is a protected disclosure if the discloser:
A disclosure is only protected if it is made to the discloser’s organisation or an appropriate authority. Disclosures made to the media or on social media are not protected under the Act.
Examples of serious wrongdoing where FMA may be the appropriate authority include actions, or failures to act, that:
If the matter is not about serious wrongdoing but you want to report it to FMA, you can still notify your complaint to us (as per above). You can ask that we keep your contact details confidential.
FMA’s role as an appropriate authority is to consider, check, and deal with disclosures of serious wrongdoing in or by the discloser’s organisation.
When we receive a protected disclosure from external parties, we will:
For more information on protected disclosures, see:
It depends on the situation. Protected disclosures are specifically aimed at protecting whistleblowers and must meet certain requirements. For example, you cannot make a protected disclosure if you have never worked for the organisation concerned.
Only make a protected disclosure if you:
Please note that for all disclosures and concerns, we will consider the matter but may decide not to take any action. Even if we don’t take action, the information you provide will be kept on file and maybe used to consider any other relevant complaints or matters.
If you make a protected disclosure to FMA, you are entitled to certain protections under the Act:
If anybody breaches your right to protection, you can take action under the relevant legislation, for example by claiming a breach of the Privacy Act, taking a personal grievance under the Employment Relations Act, or taking action under the anti-victimisation part of the Human Rights Act.
You are not entitled to protection under the Act if: