Section 80 — Human Rights Act 1993: Taking action or further action in relation to complaint

80 Taking action or further action in relation to complaint (1) The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the Commission that he or she wishes to proceed with the complaint. (2) The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint relates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the Commission. (3) The Commission may also decline to take action or further action under this Part in relation to a complaint if, in the Commission's opinion,— (a) the subject matter of the complaint is trivial; or (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or (d) there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parliament or to make a complaint to the Ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to exercise. (4) If the Commission decides to take no action or no further action in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made— (a) of that decision; and (b) of the reasons for that decision; and (c) of his or her right, under section 92B , to bring proceedings before the Human Rights Review Tribunal. Compare: 1977 No 49 s 35; 1981 No 127 s 3 Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).