Ombudsman Act 2001

The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that—

the complaint is trivial; or

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

the complainant does not have a sufficient direct interest in the action complained of; or

both of the following apply—

the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;

it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or

both of the following apply—

the complainant had a right of appeal, reference or review, or another remedy that is exhausted;

in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or

in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.

Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint.

A right or remedy mentioned in subsection (1)(d)(i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court.

If the ombudsman—

can not investigate a complaint; or

refuses to investigate a complaint; or

refuses to continue an investigation of a complaint;