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Ombudsmen Act 1975

Functions of Ombudsmen

17: Ombudsman may refuse to investigate complaint

You could also call this:

"The Ombudsman can say no to looking into your complaint in some situations."

Illustration for Ombudsmen Act 1975

The Ombudsman can refuse to look into your complaint if they think you have another way to solve the problem. You might have another way to appeal or get help under the law. The Ombudsman can also refuse if you have known about the problem for more than 12 months. They can refuse if the problem is not important or if you are not making the complaint honestly.

The Ombudsman can also refuse if they do not think you are affected by the problem. They might look into it a bit first and then decide not to keep investigating. If the Ombudsman decides not to look into your complaint, they will tell you why.

You can find more information about the law that allows the Ombudsman to make these decisions in the Ombudsmen Amendment Act 2015.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431136.

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17Ombudsman may refuse to investigate complaint

  1. An Ombudsman may refuse to investigate or further investigate a complaint if it appears to the Ombudsman that,—

  2. under the law or existing administrative practice, the complainant has an adequate remedy or right of appeal (other than the right to petition the House of Representatives) and it is, or would have been, reasonable for the complainant to resort to that remedy or right of appeal; or
    1. the complaint relates to a decision, recommendation, act, or omission that the complainant has known about for more than 12 months; 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 complainant does not have a sufficient personal interest in the subject matter of the complaint; or
            1. having regard to all the circumstances of the case,—
              1. following preliminary inquiries, an investigation is unnecessary; or
                1. having commenced an investigation, further investigation is unnecessary.

                2. If an Ombudsman refuses to investigate or further investigate a complaint, the Ombudsman must inform the complainant of the decision and give his or her reasons for it.

                Notes
                • Section 17: replaced, on , by section 4 of the Ombudsmen Amendment Act 2015 (2015 No 30).