(1)  If a person makes a disclosure to a public body in accordance with Part 2 , the public body must, within 45 days after receiving the disclosure, determine whether the disclosure is a public interest disclosure.

(2)  In making a determination under subsection (1) , the public body must be satisfied that the disclosure shows or tends to show that the public officer to whom the disclosure relates –

(a) has engaged, is engaging or proposes to engage in improper conduct in his or her capacity as a public officer; or

(b) has taken, is taking or proposes to take detrimental action in contravention of section 19 .

(3)  .  .  .  .  .  .  .  .  

(4)  This section does not apply to a disclosure that has been referred to the Integrity Commission under Part 4A and that the Integrity Commission has decided to deal with under the Integrity Commission Act 2009 .