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Human Rights Act 1993

Human Rights Commission - Director of Human Rights Proceedings

20B: Criteria and requirement for appointment

You could also call this:

"Who can be the Director of Human Rights Proceedings and what skills do they need?"

Illustration for Human Rights Act 1993

When the Minister chooses someone to be the Director of Human Rights Proceedings, they think about the person's qualities and experience. They consider the person's knowledge of human rights, New Zealand law, and social issues like employment and the economy. The Minister also thinks about the person's skills in public law, managing people and money, and their ability to do the job efficiently. You need to know the person must be a barrister or solicitor with at least 5 years of legal experience to be appointed as Director of Human Rights Proceedings. The Minister wants someone who can do the job well and help the Office of Human Rights Proceedings work efficiently, as outlined in the Human Rights Amendment Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304434.

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20A: Director of Human Rights Proceedings, or

"The person in charge of human rights cases is chosen by the Governor-General."

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20C: Appointment of Judge as Human Rights Commissioner, or

"Judges can also be Human Rights Commissioners without changing their Judge job."

Part 1Human Rights Commission
Director of Human Rights Proceedings

20BCriteria and requirement for appointment

  1. In recommending a person for appointment as Director of Human Rights Proceedings or as his or her alternate, the Minister must have regard not only to the person's attributes but also to the person's—

  2. knowledge of, or experience in,—
    1. the different aspects of matters likely to come before the Human Rights Review Tribunal:
      1. New Zealand law, or the law of another country, or international law, on human rights:
        1. current economic, employment, or other social issues:
        2. skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management:
          1. ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the Director under this Act.

            1. Every person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years' legal experience.

            Compare
            • 1977 No 49 s 7(3)
            • 1985 No 23 s 3(1)
            Notes
            • Section 20B: inserted, on , by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).