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Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

138: Decision to take no action on complaint

You could also call this:

"When a complaint is not worth investigating, the Standards Committee decides not to take action."

Illustration for Lawyers and Conveyancers Act 2006

A Standards Committee can decide not to take action on a complaint. You might wonder why they would do this. They can do this if they think it has been too long since the complaint happened. A Standards Committee can also decide not to take action if they think the complaint is not important. They can do this if they think the complaint is not genuine or is meant to cause trouble. They can decide not to take action if the person who made the complaint does not want them to. A Standards Committee can also decide not to take action if they think you have another way to solve the problem. They can change their mind about a complaint at any time if they think it is not necessary to keep investigating. You can look at s 71(1), (2) for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366176.

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Part 7Complaints and discipline
Complaints

138Decision to take no action on complaint

  1. A Standards Committee may, in its discretion, decide to take no action or, as the case may require, no further action, on any complaint if, in the opinion of the Standards Committee,—

  2. 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
    1. the subject matter of the complaint is trivial; or
      1. the complaint is frivolous or vexatious or is not made in good faith; or
        1. the person alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or
          1. the complainant does not have sufficient personal interest in the subject matter of the complaint; or
            1. 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 person aggrieved to exercise.

              1. Despite anything in subsection (1), a Standards Committee may, in its 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 Standards Committee that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

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