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Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

74: Commissioner may decide not to investigate complaint

You could also call this:

"The Commissioner can choose not to look into a complaint if there's a good reason not to."

Illustration for Privacy Act 2020

The Commissioner can decide not to investigate a complaint if you did not try to resolve the issue with the agency first. The Commissioner can also decide not to investigate if there is another way to resolve the complaint, such as through a professional or industry group. You might have another option to fix the problem, like an appeal, that the Commissioner thinks you should use.

The Commissioner can decide not to investigate if you knew about the problem for more than 12 months before complaining. The Commissioner can also decide not to investigate if too much time has passed since the problem happened. You might not want the Commissioner to investigate, or you might not be directly affected by the problem.

The Commissioner can decide not to investigate if the problem is not important or if the complaint is not sincere. The Commissioner has the discretion to decide not to investigate a complaint if they think it is unnecessary, considering all the circumstances. You can find more information by looking at the Privacy Act 2020 and other related laws, such as the 1986 No 120 and the 1993 No 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23447.

Topics:
Government and voting > Government departmentsRights and equality > Anti-discriminationRights and equality > Privacy
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Part 5Complaints, investigations, and proceedings
Complaints

74Commissioner may decide not to investigate complaint

  1. The Commissioner may decide not to investigate a complaint if, in the Commissioner’s opinion,—

  2. the complainant has not made reasonable efforts to resolve the complaint directly with the agency concerned; or
    1. there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or
      1. there is 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 complainant to pursue; or
        1. the complaint relates to a matter in respect of which a code of practice has been issued that includes a complaints procedure, and the complainant has not taken reasonable steps to pursue, or fully pursue, the redress available under that procedure; or
          1. the aggrieved individual or aggrieved individuals knew about the action that is the subject of the complaint for 12 months or more before the complaint was made; or
            1. the time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or
              1. the aggrieved individual or aggrieved individuals do not want the complaint pursued; or
                1. the complainant does not have a sufficient personal interest in the subject of the complaint; or
                  1. the subject of the complaint is trivial; or
                    1. the complaint is frivolous, vexatious, or not made in good faith.

                      1. Despite anything in subsection (1), the Commissioner may, in the Commissioner’s discretion, decide not to investigate a complaint if it appears to the Commissioner that, having regard to all the circumstances of the case, an investigation is unnecessary.

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