Ombudsman (Komesina o Sulufaiga) Act 2013 11 (2) Without limiting the powers under this Act, the Ombudsman may decide not to investigate or not to further investigate a complaint if: (a) it relates to an administrative decision of which the complainant has had knowledge for more than 12 months before the complaint is received by the Ombudsman; or (b) in the Ombudsman’s opinion— (i) the subject-matter of the complaint is trivial; or (ii) the complaint is frivolous or vexatious or is not made in good faith; or (iii) the complainant does not have a sufficient personal interest in the subject-matter of the complaint. (3) If the Ombudsman decides not to investigate or further investigate a complaint, the Ombudsman must inform the complainant of the decision (and may state reasons for the decision). 24. Proceedings – (1) The Ombudsman must, before investigating a matter, inform the chief executive officer of the Ministry or organisation affected, of the Ombudsman’s intention to make the investigation. (2) The Ombudsman may: (a) hear or obtain information from a person; and (b) make inquiries. (3) The Ombudsman: (a) must conduct the investigation in private; and (b) is not required to hold a hearing. 25. Right to be heard and consultation – (1) A person is not entitled as of right to be heard by the Ombudsman. (2) If during an investigation it appears to the Ombudsman that there may be sufficient grounds for the Ombudsman to make a report or recommendation that may adversely affect a Ministry, organisation or person, the Ombudsman must give the Ministry, organisation or person an opportunity to be heard. (3) The Ombudsman may, during or after an investigation, consult the Minister responsible for the matter being investigated.