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Human Rights Act 1993

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

91: Requirements for Director's decisions under section 90

You could also call this:

"What the Director decides when you don't follow a settlement"

Illustration for Human Rights Act 1993

The Director can make a decision under section 90 if you failed to follow a previous settlement. The Director can also make a decision if they think you might still be able to resolve the issue with help from the Commission. The Director can make another type of decision if they think a settlement is unlikely and the Commission cannot help.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304914.

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

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

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92: Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings, or

"What the Director considers when deciding to help someone in a court case"

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

91Requirements for Director's decisions under section 90

  1. The Director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a settlement reached on a previous occasion.

  2. The Director may make a decision under section 90(1)(b) if—

  3. it appears to the Director that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation); or
    1. it is unclear to the Director, from information available to him or her, in relation to the complaint, whether a party has failed to observe the terms of a settlement reached on a previous occasion.

      1. The Director may make a decision under section 90(1)(c) or (2) if it appears to him or her that a settlement has not been reached and that no action or further action by the Commission is likely to facilitate a settlement.

      Notes
      • Section 91: substituted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).