22Power to treat a complaint as having been withdrawn

#### 22 Power to treat a complaint as having been withdrawn (1) If: (a) a complainant makes a complaint; and (b) the Tribunal is satisfied, either after having communicated with the complainant, or having made reasonable attempts to contact the complainant and having failed to do so, that the complainant does not intend to proceed with the complaint; the Tribunal must deal with the complaint as if it had been withdrawn by the complainant under section 21. (2) If the Tribunal decides to treat a complaint as withdrawn under subsection (1), the Tribunal must give notice in writing to: (a) if the Tribunal communicated with the complainant—the complainant; and (b) the other party, or each of the other parties, to the complaint; of that decision and the reasons for that decision. (3) The Tribunal may also decide to treat a complaint as if it had been withdrawn under section 21, in the following cases: (a) if the complaint has been made to the Tribunal and relates to a decision or conduct (other than a decision of a trustee, RSA provider, insurer or other decision maker to pay a disability benefit because of total and permanent disability)—more than 12 months have elapsed since the decision complained of was made or the conduct complained of was undertaken; or (b) if the complaint has been made to the Tribunal—the Tribunal thinks that the complaint is trivial, vexatious, misconceived or lacking in substance; (c) if a remedy has been sought from some other body in relation to the subject matter of the complaint—the Tribunal thinks that the subject matter of the complaint has been, or is likely to be, dealt with by that body; (d) if the subject matter of the complaint has already been dealt with by the Tribunal or by another statutory authority—the Tribunal thinks that the subject matter of the complaint has been adequately dealt with; (e) if the Tribunal thinks that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority. (4) If the Tribunal decides to treat a complaint as withdrawn under subsection (3), the Tribunal must give notice in writing of that decision and of the reasons for that decision: (a) to the complainant; and (b) to the other party, or each of the other parties, to the complaint.