sec.23Refusal to investigate complaint

### sec.23 Refusal to investigate complaint The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that— the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or the complainant does not have a sufficient direct interest in the action complained of; or both of the following apply— the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or both of the following apply— the complainant had a right of appeal, reference or review, or another remedy that is exhausted; in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable. Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint. A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court. If the ombudsman— can not investigate a complaint; or refuses to investigate a complaint; or refuses to continue an investigation of a complaint; the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable. s 23 amd 2007 No. 37 s 124 (sec.23-ssec.1) The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that— the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or the complainant does not have a sufficient direct interest in the action complained of; or both of the following apply— the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or both of the following apply— the complainant had a right of appeal, reference or review, or another remedy that is exhausted; in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable. (sec.23-ssec.2) Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint. (sec.23-ssec.3) A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court. (sec.23-ssec.4) If the ombudsman— can not investigate a complaint; or refuses to investigate a complaint; or refuses to continue an investigation of a complaint; the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable. - (a) the complaint is trivial; or - (b) the complaint is frivolous or vexatious or is not made in good faith; or - (c) the complainant does not have a sufficient direct interest in the action complained of; or - (d) both of the following apply— (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or - (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; - (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or - (e) both of the following apply— (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted; (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or - (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted; - (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or - (f) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable. - (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; - (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or - (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted; - (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or - (a) can not investigate a complaint; or - (b) refuses to investigate a complaint; or - (c) refuses to continue an investigation of a complaint;