13 Decision for investigation
(1) Where it appears to the Ombudsman that any conduct of a public
authority about which a complaint may be made under section 12 may be conduct
referred to in section 26, the Ombudsman may, whether or not any person has
complained to the Ombudsman about the conduct, make the conduct the subject of
an investigation under this Act.
(2) Subsection (1) has effect notwithstanding anything in any Act
passed before the passing of this Act.
(3) The Ombudsman may discontinue an investigation under this
(4) Where any person has complained to the Ombudsman under section 12
about the conduct of a public authority, the Ombudsman, in deciding whether to
make that conduct the subject of an investigation under this Act or whether to
discontinue an investigation commenced by him or her under this Act:
(a) may have regard to such matters as he or she thinks fit,
(b) without limiting paragraph (a), may have regard to whether, in his
or her opinion:
(i) the complaint is frivolous, vexatious or not in good
(ii) the subject-matter of the complaint is
(iii) the subject-matter of the complaint relates to the discharge by a
public authority of a function which is substantially a trading or commercial
(iv) the conduct complained of occurred at too remote a time to justify
(v) in relation to the conduct complained of there is or was available
to the complainant an alternative and satisfactory means of redress,
(vi) the complainant has no interest or an insufficient interest in the
conduct complained of.
(4A) In deciding whether to discontinue an investigation of police
conduct, the Ombudsman shall have regard to the public
(5) Notwithstanding any other provision of this section, the Ombudsman
shall not investigate the conduct of a public authority, being a local
government authority, if that conduct is subject to a right of appeal or
review conferred by or under an Act unless the Ombudsman is of the opinion
that special circumstances make it unreasonable to expect that right to be or
to have been exercised.