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Human Rights Act 1993

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

90: Functions of Director of Human Rights Proceedings under this Part

You could also call this:

"The Director of Human Rights Proceedings helps people with complaints and decides who to represent in court."

Illustration for Human Rights Act 1993

The Director of Human Rights Proceedings has some jobs to do. You can think of these jobs as helping people with complaints. The Director decides if they should help someone with their case. The Director's jobs include deciding if they should represent someone in a case. They also decide if they should send a complaint back to the Commission. You can find more information about this in sections like section 91(1) and section 92. The Director also decides if they should represent the Commission in some cases. They make these decisions based on what is said in sections like section 91(3) and section 92. Related proceedings are cases that are connected to the main case, like an appeal to a higher court. Related proceedings can include appeals to the High Court or the Court of Appeal. They can also include cases that are sent to a higher court, like the Supreme Court. You can find more information about appeals in sections like section 122 and section 122A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304910.

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

90Functions of Director of Human Rights Proceedings under this Part

  1. The Director's functions under this Part include, in relation to a complaint,—

  2. deciding, in accordance with sections 91(1) and 92, whether, and to what extent, to provide representation for a party who requests the Director to provide representation in proceedings before the Tribunal or in related proceedings seeking to enforce a settlement reached on a previous occasion (including a settlement secured at a dispute resolution meeting), and providing representation for the party accordingly:
    1. deciding, in accordance with section 91(2), whether to refer the complaint back to the Commission:
      1. deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the complainant), or group of persons who requests, or who request, the Director to provide representation in proceedings before the Tribunal or in related proceedings against the person against whom the complaint was made or the Attorney-General, and providing representation for the complainant, aggrieved person, or group of persons, accordingly.

        1. The Director's functions under this Part include, in relation to a request from the Commission to provide representation in proceedings brought under section 92B, section 92E, or section 97 or in proceedings in which the Commission is entitled to appear and be heard under section 92H, deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for the Commission in proceedings before the Tribunal or in related proceedings.

        2. In this section and sections 92 and 92C, related proceedings, in relation to proceedings before the Tribunal, means proceedings of any of the following descriptions:

        3. an appeal to the High Court against a decision of the Tribunal:
          1. proceedings in the High Court arising out of—
            1. the statement of a case under section 122; or
              1. the removal of proceedings or a matter at issue in them under section 122A:
              2. an appeal to the Court of Appeal against a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b):
                1. an appeal to the Supreme Court against—
                  1. a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b); or
                    1. a decision of the Court of Appeal made in proceedings described in paragraph (c).

                    Notes
                    • Section 90: substituted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
                    • Section 90(3): substituted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).