New Zealand Legislation: Acts

19 Referrals of matters to certain statutory officers

• (1) If, in the course of conducting or proposing to conduct an investigation, the Commissioner considers that the subject matter of the investigation relates, in whole or in part, to a matter that is more properly within the scope of the functions of one of the statutory officers specified in subsection (4), the Commissioner must, without delay, consult with that officer in order to determine the appropriate means of dealing with the subject matter.

  (2) As soon as practicable after consulting with the officer concerned, the Commissioner must determine whether the subject matter should be dealt with, in whole or in part, under this Act.

  (3) If the Commissioner determines that the subject matter should be dealt with, in whole or in part, by one of the officers specified in subsection (4), the Commissioner must, without delay, refer the subject matter or, as the case requires, the appropriate part of the subject matter to that officer.

  (4) The statutory officers referred to in subsection (1) are—

  • (a) the Chief Commissioner under the Human Rights Act 1993:

  • (b) the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989:

  • (c) the Commissioner of Police:

  • (d) the Health and Disability Commissioner:

  • (e) the Chief Ombudsman exercising jurisdiction under the Ombudsmen Act 1975:

  • (f) the Independent Police Conduct Authority:

  • (g) the Privacy Commissioner.

  Compare: 1993 No 28 s 72

  Section 19(4)(f): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).