110Investigation of complaint

110 Investigation of complaint (1) If the Commissioner accepts a complaint, the Commissioner must investigate the matter complained of.

Information Act 2002 69 (2) Subject to this section, the Commissioner may carry out an investigation in the manner the Commissioner considers appropriate. (2A) If the matter complained of is a decision of a public sector organisation relevant to providing access to information about a third party, the Commissioner may require the public sector (a) to seek the views of the third party in relation to the disclosure of the information; and (b) if the third party's views are obtained – to inform the Commissioner of those views. (2B) Subsection (2C) applies if: (a) the complaint is made by a third party under section 30(6) or section 103 in relation to a public sector organisation's decision to provide access to information about the third party (the third party information); and (b) during the investigation, the Commissioner is satisfied the applicant no longer wishes to be provided with access to the third party information; and (c) the public sector organisation consents to the Commissioner acting under subsection (2C). (2C) If this subsection applies, the Commissioner may, instead of completing the investigation, determine the complaint by deciding that the applicant must not be provided with access to the third party information. (2D) The Commissioner may dismiss the complaint if, during the investigation or mediation of the matter complained of, the Commissioner is satisfied for any reason, including the complainant not complying with a direction or requirement of the Commissioner, that the complainant no longer wishes to pursue the complaint. (2E) At any time after accepting a complaint, the Commissioner may refer the matter to mediation under section 111. (2F) If the matter is resolved by mediation or other agreement before the investigation is completed, the Commissioner must discontinue the investigation. (3) On completing an investigation, the Commissioner must decide whether there is sufficient prima facie evidence to substantiate the matter complained of.

Information Act 2002 70 (4) If there is sufficient evidence and the matter has not been referred under subsection (2E) to mediation, the Commissioner must refer the matter to mediation under section 111. (5) If there is insufficient evidence, the Commissioner must dismiss the (6) The Commissioner must notify the relevant parties in writing of how the Commissioner has dealt with the complaint under this section.