Vexatious complaints and complainants

The OIA may deal with complaints by dismissing them on assessment as vexatious, frivolous or not made in good faith.

It may also prosecute a person in the Magistrates Court over a single vexatious complaint.

Under changes to the legislation on 22 November 2023, the OIA has the power to make a vexatious declaration against a person.

Complaints submitted by a councillor that may be vexatious are considered against a councillor’s mandatory obligation by law to report complaints or information about the conduct of fellow councillors (sections 150P and 150R of the Local Government Act 2009).