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Human Rights Act 1993

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

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

You could also call this:

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

Illustration for Human Rights Act 1993

When you are deciding if the Director should help someone in a court case, they must think about some important things. They have to consider if the case is about an important legal question, if it affects many people, and how much harm is involved. They also think about if the case is likely to be successful and if it is a good use of resources. The Director thinks about if the court case is the best way to solve the problem and if helping the person would be in the public's interest. They consider if there might be a conflict of interest if they help the person and if the help they give would be effective. You can find more information about this in section 90(1)(a) or (c) or section 90(2). The Director can also think about other things they believe are relevant to the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304916.

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

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

  1. In deciding under section 90(1)(a) or (c) or section 90(2) whether, and to what extent, to provide representation for a complainant, aggrieved person, group of persons, party to a settlement of a complaint, or the Commission, the Director—

  2. must have regard to the matters stated in subsection (2):
    1. may have regard to any other matter that the Director considers relevant.

      1. The matters referred to in subsection (1)(a) are—

      2. whether the complaint raises a significant question of law:
        1. whether resolution of the complaint would affect a large number of people (for example, because the proceedings would be brought by or affect a large group of persons):
          1. the level of harm involved in the matters that are the subject of the complaint:
            1. whether the proceedings in question are likely to be successful:
              1. whether the remedies available through proceedings of that kind are likely to suit the particular case:
                1. whether there is likely to be any conflict of interest in the provision by the Director of representation to any person described in subsection (1):
                  1. whether the provision of representation is an effective use of resources:
                    1. whether or not it would be in the public interest to provide representation.

                      Notes
                      • Section 92: substituted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).