13Decision for investigation

#### 13 Decision for investigation 13 Decision for investigation > > (1) Where it appears to the Ombudsman that any conduct of a public authority about which a complaint may be made under section 12 may be conduct referred to in section 26, the Ombudsman may, whether or not any person has complained to the Ombudsman about the conduct, make the conduct the subject of an investigation under this Act. > > > (2) Subsection (1) has effect notwithstanding anything in any Act passed before the passing of this Act. > > > (3) The Ombudsman may discontinue an investigation under this Act. > > > (4) Where any person has complained to the Ombudsman under section 12 about the conduct of a public authority, the Ombudsman, in deciding whether to make that conduct the subject of an investigation under this Act or whether to discontinue an investigation commenced by him or her under this Act— > > > > > (a) may have regard to such matters as he or she thinks fit, and > > > > > (b) without limiting paragraph (a), may have regard to whether, in his or her opinion— > > > > > > > (i) the complaint is frivolous, vexatious or not in good faith, > > > > > > > (ii) the subject-matter of the complaint is trivial, > > > > > > > (iii) the subject-matter of the complaint relates to the discharge by a public authority of a function which is substantially a trading or commercial function, > > > > > > > (iv) the conduct complained of occurred at too remote a time to justify investigation, > > > > > > > (v) in relation to the conduct complained of there is or was available to the complainant an alternative and satisfactory means of redress, or > > > > > > > (vi) the complainant has no interest or an insufficient interest in the conduct complained of. > > > (4A) (Repealed) > > > (5) Notwithstanding any other provision of this section, the Ombudsman shall not investigate the conduct of a public authority, being a local government authority, if that conduct is subject to a right of appeal or review conferred by or under an Act unless the Ombudsman is of the opinion that special circumstances make it unreasonable to expect that right to be or to have been exercised. > > > (6) To avoid doubt, the Ombudsman may investigate or continue to investigate conduct even if the conduct is or is likely to become the subject of court or other proceedings, unless the Ombudsman considers the investigation is likely to adversely affect the proceedings or potential proceedings. > > **s 13:** Am 1976 No 39, Sch 1 (4); 1983 No 193, Sch 1 (4); 1989 No 226, Sch 1; 1993 No 38, Sch 4; 2016 No 61, Sch 6.35 \[4\]; 2022 No 67, Sch 2.3.