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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Complaints about Judges

16: Commissioner must dismiss complaints that fail to meet required threshold

You could also call this:

"The Commissioner must reject complaints that don't meet the rules."

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

The Commissioner must dismiss your complaint if they think it does not meet certain requirements. They will do this if your complaint is not about a Judge's work or if you did not follow the rules in sections 12 and 13. They will also dismiss your complaint if it is not serious or if you are just trying to cause trouble. The Commissioner will dismiss your complaint if it is about something that can be appealed or if the Judge is no longer working. They will also dismiss it if they have already looked at the same issue before or if someone else has already dealt with it. If the Commissioner dismisses your complaint, they will tell you and the Judge in writing. They will explain why they made this decision and give you the reasons in writing. You will know that your complaint has been dismissed and why it was dismissed. The Commissioner will make sure you understand what happened to your complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293597.

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Topics:
Crime and justice > Courts and legal help
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15A: Commissioner’s power in certain circumstances to take no further action in respect of complaints, or

"The Commissioner can stop investigating a complaint if it's unfair to continue or can't be solved."

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17: Commissioner's power to refer complaints to Head of Bench, or

"When the Commissioner sends a complaint to the Head of Bench"

16Commissioner must dismiss complaints that fail to meet required threshold

  1. The Commissioner must dismiss the complaint if the Commissioner is of the opinion that—

  2. the complaint is not within the Commissioner's jurisdiction; or
    1. the complaint has no bearing on judicial functions or judicial duties; or
      1. the requirements of sections 12 and 13 have not been met; or
        1. the complaint is frivolous, vexatious, or not in good faith; or
          1. the subject matter of the complaint is trivial; or
            1. the complaint is about a judicial decision, or other judicial function, that is or was subject to a right of appeal or right to apply for judicial review; or
              1. the person who is the subject of the complaint is no longer a Judge; or
                1. the subject matter of the complaint was considered before the commencement of this section by the Head of Bench or the Judicial Complaints Lay Observer; or
                  1. he or she has previously considered the subject matter of the complaint, and the complaint fails to raise any issue of significance that he or she has not previously considered.

                    1. The Commissioner has previously considered the subject matter of the complaint for the purposes of subsection (1)(i) if he or she has exercised his or her power under section 15A to take no further action in respect of the complaint.

                    2. Subsection (1A) does not limit subsection (1)(i).

                    3. If the Commissioner dismisses a complaint under this section, he or she must give the complainant and the Judge who is the subject of the complaint written notification stating—

                    4. that the complaint has been dismissed; and
                      1. the grounds on which that decision was made.

                        Notes
                        • Section 16(1): amended, on , by section 5(1) of the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 (2015 No 16).
                        • Section 16(1)(i): replaced, on , by section 5(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 (2015 No 16).
                        • Section 16(1A): inserted, on , by section 12(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                        • Section 16(1B): inserted, on , by section 12(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).