Version as at 6 December 2023 (2) Privacy Act 2020 Part 5 s 76 (g) the aggrieved individual or aggrieved individuals do not want the com‐ plaint pursued; or (h) the complainant does not have a sufficient personal interest in the subject of the complaint; or (i) the subject of the complaint is trivial; or (j) the complaint is frivolous, vexatious, or not made in good faith. Despite anything in subsection (1), the Commissioner may, in the Commission‐ er’s discretion, decide not to investigate a complaint if it appears to the Com‐ missioner that, having regard to all the circumstances of the case, an investiga‐ tion is unnecessary. Compare: 1975 No 9 s 17(1)(f)(i); 1993 No 28 s 71(1) 75 Referral of complaint to another person (1) This section applies if, after receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of any of the following persons: (2) (3) (a) an Ombudsman: (b) the Health and Disability Commissioner: (c) the Inspector-General of Intelligence and Security: (d) the Independent Police Conduct Authority. The Commissioner must— (a) consult the person specified in subsection (1) who the Commissioner considers has jurisdiction to deal with the complaint; and (b) decide the appropriate means of dealing with the complaint. If the Commissioner decides that the complaint should be dealt with, in whole or in part, by a person specified in subsection (1), the Commissioner must, as soon as practicable, refer the complaint, or the appropriate part of the com‐ plaint, to that person. Compare: 1993 No 28 ss 72, 72A, 72B 76 Referral of complaint to overseas privacy enforcement authority (1) This section applies if, on receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority. (2) As soon as practicable, the Commissioner may— (3) (a) consult the overseas privacy enforcement authority and the complainant; and (b) decide the appropriate means of dealing with the complaint. If the Commissioner decides that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority and both the authority 57

Select target paragraph3