Judicial Commissions Act 1994

After a preliminary examination under section 35A, the council may dismiss a complaint if satisfied on reasonable grounds of any of the following:

the complaint is one that the council is not required to deal with;

the complaint is frivolous, vexatious or not in good faith;

the subject matter of the complaint is trivial;

the matter complained about happened at too remote a time to justify further consideration;

in relation to the matter complained about, there is or was available a satisfactory means of redress or of dealing with the complaint or the subject matter of the complaint;

without limiting paragraph (e), the complaint relates to the exercise of a judicial or other function that is or was subject to adequate appeal or review rights;

the person complained about is no longer a judicial officer;

having regard to all the circumstances, further consideration of the complaint is unnecessary or unjustifiable.

In deciding whether or not to dismiss a complaint, the council may have regard to any matter the council considers relevant.

If the council dismisses a complaint after a preliminary examination under section 35A, the council must tell the complainant that the complaint has been dismissed.