71 Commissioner may decide to take no action on complaint

(1)

The Commissioner may in his or her discretion decide to take no action or, as the case may require, no further action, on any complaint if, in the Commissioner’s opinion,—

(a)

the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or

(b)

the subject matter of the complaint is trivial; or

(c)

the complaint is frivolous or vexatious or is not made in good faith; or

(d)

the individual alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or

(e)

the complainant does not have a sufficient personal interest in the subject matter of the complaint; or

(f)

where—

(i)

the complaint relates to a matter in respect of which a code of practice issued under section 46 is in force; and

(ii)

the code of practice makes provision for a complaints procedure,—

the complainant has failed to pursue, or to pursue fully, an avenue of redress available under that complaints procedure that it would be reasonable for the complainant to pursue; or

(g)

there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the individual alleged to be aggrieved to exercise.

(2)

Notwithstanding anything in subsection (1), the Commissioner may in his or her discretion decide not to take any further action on a complaint if, in the course of the investigation of the complaint, it appears to the Commissioner that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

(3)

In any case where the Commissioner decides to take no action, or no further action, on a complaint, the Commissioner shall inform the complainant of that decision and the reasons for it.

Compare: 1975 No 9 s 17; 1977 No 49 s 35; 1981 No 127 s 3