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Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2

80: Taking action or further action in relation to complaint

You could also call this:

"What happens when you make a complaint to the Human Rights Commission"

Illustration for Human Rights Act 1993

You can make a complaint to the Human Rights Commission. They will only look into it if you want them to. You need to tell them you want to proceed with the complaint. The Commission might not look into your complaint if you knew about the problem more than 12 months ago. They might also not look into it if they think it is not important or if you are not being honest. They will tell you and the person you complained about if they decide not to look into it. They will also tell you why they made that decision and that you have the right to take it to the Human Rights Review Tribunal under section 92B. You will be informed of your options if the Commission decides not to take action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304689.

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Part 3Resolution of disputes about compliance with Part 1A and Part 2

80Taking action or further action in relation to complaint

  1. The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the Commission that he or she wishes to proceed with the complaint.

  2. The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint relates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the Commission.

  3. The Commission may also decline to take action or further action under this Part in relation to a complaint if, in the Commission's opinion,—

  4. the subject matter of the complaint is trivial; or
    1. the complaint is frivolous or vexatious or is not made in good faith; or
      1. having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or
        1. there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parliament or to make a complaint to the Ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to exercise.

          1. If the Commission decides to take no action or no further action in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made—

          2. of that decision; and
            1. of the reasons for that decision; and
              1. of his or her right, under section 92B, to bring proceedings before the Human Rights Review Tribunal.

                Compare
                • 1977 No 49 s 35
                • 1981 No 127 s 3
                Notes
                • Section 80: substituted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).