The Ombudsman's final decision
Summary: We will not investigate this complaint about a license relating to launching a kayak because the complaint is late with no good reasons to exercise discretion to investigate it now.
The complaint
Mr Y complained the Council refused his application for a launching permit for his kayak. Mr Y says this causes him inconvenience and he considers the decision made to be unfair as he is now unable to fish.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y applied for a permit to use his vehicle to drive his kayak to a launching area. This was subsequently denied by the Council in 2022. Mr Y complained to the Council in September and October 2022. Mr Y approached us in November 2023 following a response from the Council.
Analysis The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y’s was aware of his reason to complain about the Council’s actions when his application was initially refused in 2022, more than 12 months before he came to us.
Consequently, his complaint is now late. We have discretion to disapply the rule outlined above where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Consequently, we will not investigate this late complaint.
Final decision
We will not investigate Mr Y’s complaint because the complaint is late with no good reasons to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman