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Inspector-General of Defence Act 2023

Investigations and assessments

15: Inspector-General may decline to carry out investigation or assessment

You could also call this:

"The Inspector-General can choose not to investigate something that has been asked for."

Illustration for Inspector-General of Defence Act 2023

The Inspector-General can decide not to do an investigation or assessment that has been asked for. You can ask the Minister, the Secretary of Defence, or the Chief of Defence Force to do this. The Inspector-General can also delay it or send it to someone they think is more suitable, as stated in section 35. The Inspector-General must tell the person who asked for the investigation or assessment about their decision. They must also say why they made that decision. This is so you know what is happening with your request. If the Inspector-General sends the investigation or assessment to someone else, it can be to people listed in section 10(2), the New Zealand Police, a foreign public agency, or an international organisation. The person it is sent to does not have to do it just because it was sent to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS717633.

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14: Inspector-General may carry out investigation or assessment on own initiative or on request, or

"The Inspector-General can start an investigation on their own or when asked by someone."

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16: Initiation of investigation or assessment by Inspector-General, or

"How the Inspector-General starts an investigation or assessment"

Part 3Investigations and assessments

15Inspector-General may decline to carry out investigation or assessment

  1. The Inspector-General may do any of the following in relation to an investigation or assessment, or part of an investigation or assessment, that has been requested by the Minister, the Secretary of Defence, or the Chief of Defence Force:

  2. decline to carry it out:
    1. defer it:
      1. (subject to section 35) refer it to a person the Inspector-General considers more appropriate to carry it out.

        1. The Inspector-General must notify the Minister, the Secretary of Defence, or the Chief of Defence Force (as applicable) of—

        2. any decision by the Inspector-General under subsection (1) to decline to carry out all or part of an investigation or assessment that they have requested, or to defer it or refer it to another person; and
          1. the reason for the decision.

            1. The people to whom an investigation or assessment, or part of an investigation or assessment, may be referred under subsection (1)(c) include those specified in section 10(2), the New Zealand Police, a foreign public agency, and an international organisation.

            2. A person to whom an investigation or assessment, or part of an investigation or assessment, is referred under subsection (1)(c) is not required to carry it out, or do anything else, just because of the referral.