18Can a complaint be withdrawn?

18 Can a complaint be withdrawn?

18 Can a complaint be withdrawn?

(1) A complainant may withdraw the complainant’s complaint at any time—

(a) by written notice to the Commission, or

(b) if the Commission considers it appropriate to accept the withdrawal of the complaint orally—by oral notice to the Commission.

(1A) If the Commission accepts the withdrawal of a complaint orally, the Commission must, as soon as practicable after receiving the oral notice, make a written record of the complaint having been withdrawn.

(2) On the withdrawal of a complaint, the Commission may cease to deal with it but must continue to deal with the matter the subject of the complaint if it appears to the Commission that—

(a) the matter raises a significant issue of public health or safety, or

(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or

(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or

(d) the matter, if substantiated, would involve gross negligence on the part of a health practitioner, or

(e) the matter, if substantiated, would result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.

s 18: Am 2004 No 98, Sch 1 [8] [9]; 2006 No 124, Sch 2 [4]; 2010 No 127, Sch 4.8 [1] (am 2011 No 27, Sch 2.43); 2020 No 32, Sch 1[4]; 2024 No 26, Sch 1[4].