Human Rights Act 1993

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

81: Commission to inform parties of process

You could also call this:

"The Commission explains the complaint process to you and others involved."

When you make a complaint, the Commission must tell you and others about what happens next. They inform you, the person the complaint is about, and sometimes the Attorney-General, about their process under section 82. They also tell you about your rights and the complaint process. The Commission must give you general information about the complaint process, including your rights and obligations under the Act. They also tell you about other services that can help resolve the issue. You and the person the complaint is about have the right to give the Commission more information about the complaint. The Commission tries its best to inform everyone involved in the complaint. If they make a reasonable effort to tell you, they have done their job. This includes telling the person the complaint is about and the Attorney-General, if necessary, about the complaint and their right to respond.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304691.

This page was last updated on 13 December 2025 — View changes

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80: Taking action or further action in relation to complaint, or

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

82: Information gathering and disclosure by Commission, or

"The Commission collects and shares information about your complaint."

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

81Commission to inform parties of process

Before gathering information about a complaint, the Commission must comply with subsections (2) and (4).
The Commission must inform the following persons of the Commission's intention to gather information under section 82, and provide them with general information about the matters stated in subsection (3):
the complainant (if any); and
any person alleged to be aggrieved (if not the complainant); and
the person against whom the complaint is made; and
if the complaint alleges a breach of Part 1A, or alleges a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, the Attorney-General:
any other person or body that the Commission considers relevant.

The matters referred to in subsection (2) are—
rights and obligations under this Act; and
processes that apply to complaints under this Act; and
other services that may help the parties to a complaint secure a settlement of the matter.

The Commission must also inform the person against whom the complaint was made and, if subsection (2)(d) applies, the Attorney-General—
of the details of the complaint (if any); and
of the right of that person and, if subsection (2)(d) applies, of the Attorney-General to submit to the Commission, within a reasonable time, information in response to the complaint.

A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person.

Notes

Section 81: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).