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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Complaints

174: Inspector-General may decide not to inquire or continue to inquire into complaint

You could also call this:

"The Inspector-General can choose not to look into a complaint or stop investigating if it's not necessary or can be solved another way."

Illustration for Intelligence and Security Act 2017

The Inspector-General can decide not to investigate a complaint if you already have a way to solve the problem through the law or other channels. They can also stop an investigation if they think you have known about the issue for more than 12 months, or if the complaint is not important or was not made sincerely. The Inspector-General might decide not to investigate if you do not have a good reason to be complaining about the issue.

The Inspector-General can also stop investigating a complaint if they find out that any of the reasons for not starting an investigation apply, or if they think it is not necessary to keep investigating. They can also stop if they think the issue should be dealt with by a court or tribunal. If the Inspector-General decides not to investigate or to stop investigating, they must tell you about their decision as soon as possible.

You can find more information about this by looking at the Intelligence and Security Act 2017 and other related laws, such as the laws referenced in the compare section and here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921193.

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Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Complaints

174Inspector-General may decide not to inquire or continue to inquire into complaint

  1. The Inspector-General may decide not to conduct an inquiry into a complaint if it appears to the Inspector-General 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 pursue that remedy or right of appeal; or
    1. the complaint relates to an act, omission, practice, policy, or procedure 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 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, and following preliminary inquiries, an inquiry is unnecessary.

              1. The Inspector-General may decide not to continue to conduct an inquiry into a complaint if, in the course of his or her inquiries, it appears to the Inspector-General that—

              2. any of the circumstances in subsection (1) apply; or
                1. having regard to all the circumstances of the case, the further conduct of the inquiry is unnecessary; or
                  1. the matter that is the subject of the complaint is one that should be heard by a court or tribunal constituted by statute.

                    1. As soon as practicable after making a decision under subsection (1) or (2), the Inspector-General must advise the complainant of that decision.

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