67When Ombudsman may decline to deal with complaint

67 When Ombudsman may decline to deal with complaint (1) The Ombudsman may decline to deal with, or discontinue dealing with, a police complaint if satisfied: (a) the complaint is: (i) trivial; or (ii) frivolous or vexatious; or (iii) not made in good faith; or (b) the complainant does not have a sufficient interest in the conduct that is the subject of the complaint and there are no special reasons justifying dealing with the conduct under this Part; or

Ombudsman Act 2009 33 (c) disciplinary procedures have been started against the police officer whose conduct is the subject of the complaint for a breach of discipline in relation to the conduct; or (d) the police officer whose conduct is the subject of the complaint has been charged with an offence in relation to the conduct; or (e) dealing with the complaint is not in the public interest. (2) In addition, the Ombudsman may decline to deal with a police complaint to the extent the Ombudsman is satisfied a complaints entity has investigated, or will investigate, the conduct complained of at a level at least substantially equivalent to the level at which the Ombudsman would otherwise investigate the complaint.