Human Rights Act 1993

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

88: Limits on effect of section 80(1) or sections 85 to 87

You could also call this:

"Rules about using information in human rights disputes"

You are involved in a dispute about human rights. Some rules apply when trying to resolve the dispute. These rules do not stop you from finding or using evidence just because it was discussed during a meeting to resolve the dispute. You can still find and use evidence if it existed before the meeting and is allowed in court. The Human Rights Commission can also collect information for research or education if the people involved are not identified. Commission staff can share information with each other if it is necessary to follow the law. If someone thinks that sharing information will prevent harm to a person or property, they can disclose that information. This applies even if the information was discussed during a dispute resolution meeting, as per section 80(1) or sections 85 to 87.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304906.

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

Topics:

Rights and equality > Anti-discriminationCrime and justice > Courts and legal help

87: Certain information not to be made available, or

"Some information shared in meetings is private and can't be shared with others."

89: Enforcement of terms of settlement agreed by parties, or

"Making a settlement agreement work"

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

88Limits on effect of section 80(1) or sections 85 to 87

Nothing in section 80(1) or sections 85 to 87—
prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discoverable or admissible and that existed independently of the mediation process) just because the evidence was presented for the purposes of, or in the course of, a dispute resolution meeting; or
prevents the gathering of information by the Commission for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or
prevents the disclosure by any person employed or engaged by the Commission to any other person employed or engaged by the Commission of matters that need to be disclosed for the purposes of giving effect to this Act; or
prevents the disclosure of information by any person, if that person has reasonable grounds to believe that disclosure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property.

Notes

Section 88: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).