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Human Rights Act 1993

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

84: Reference of complaint to Director or from Director or Tribunal

You could also call this:

"When you make a complaint, it might be sent to the Director to decide what happens next."

Illustration for Human Rights Act 1993

You can refer a complaint to the Director. They decide if they will represent you in a case before the Human Rights Tribunal, under section 90(1)(a) or (c). The Director or Tribunal can also send a complaint back to the Commission. You will be told if a complaint is sent back to the Commission. The Commission must tell all parties about this. If a complaint is sent back, the Commission can ask you to attend a meeting to resolve the issue.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304698.

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

84Reference of complaint to Director or from Director or Tribunal

  1. The complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the Director so that he or she may decide, under section 90(1)(a) or (c), whether to represent that person in proceedings before the Human Rights Tribunal.

  2. The Commission must promptly inform all parties concerned of every reference of a complaint back to the Commission, whether the reference back is one by the Director, under section 90(1)(b), or one by the Tribunal, under section 92D.

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

  4. If a complaint is referred back to the Commission by the Director, under section 90(1)(b), or by the Tribunal, under section 92D, the Commission may, without limiting its other powers, require the parties to attend a dispute resolution meeting or other form of mediation designed to facilitate resolution of the complaint.

Notes
  • Section 84: substituted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).