New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Any person may make a complaint to the Director-General concerning a contravention by any person of any provision of this Part.
(2) When the Director-General receives any complaint alleging contravention of this Part, the following provisions shall apply:
(a) where—
(i) the contravention allegedly occurred in any workplace; and
(ii) the person who is the subject of the complaint is the employer for that workplace, or an employee or volunteer of that employer; and
(iii) the complaint was not referred to the Director-General by the employer under subsection (6) of section 15,—
the complaint shall be forwarded by the Director-General to the employer to be dealt with under that section:
(b) in all other cases, the matter shall be dealt with as though it were a complaint to which subsection (3) applied.
(3) On receipt by the Director-General of a complaint under this Part, a person appointed under section 14 may make further inquiries by way of investigation in respect of the complaint.
(4) The person who investigates the complaint may take no further action if the complaint is trivial, frivolous, vexatious, or not made in good faith, or if, during the investigation, the person receives a satisfactory assurance that there will be no repetition of the cause for the complaint; and in any such case the person who made the complaint shall be advised of the reasons why no further action is being taken.
(5) The person investigating the complaint may, on investigation, try to settle the cause of the complaint and obtain a satisfactory assurance against repetition of the cause of the complaint.
(6) Where no such settlement and assurance can be obtained, or if the cause of complaint is in breach of a previously given assurance, a complaint may be laid under the Summary Proceedings Act 1957 in respect of the relevant offence.
Section 16 heading: substituted, on 29 July 1997, by section 4 of the Smoke-free Environments Amendment Act 1997 (1997 No 32).
Section 16(1): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 16(2): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 16(2)(a): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 16(2)(a)(ii): amended, on 11 December 2003, by section 11 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
Section 16(2)(a)(iii): amended, on 29 July 1997, by section 4 of the Smoke-free Environments Amendment Act 1997 (1997 No 32).
Section 16(3): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
