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Human Rights Act 1993

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

92C: Representation in civil proceedings arising from complaints

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"Who can help you in a court case about human rights"

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You can appear in person or with a lawyer in proceedings before the Tribunal. You can also have a lawyer provided by the Director if they decide to provide one under section 90(1)(a) or (c) or (2). The Tribunal can give directions about who represents a party in proceedings. You might need a representative to take part in proceedings, and the Tribunal can give directions about this, as stated in section 92N(1) to (3). The Office of Human Rights Proceedings pays the costs of representation provided by the Director. This is done according to the Director's decision under section 90(1)(a) or (c). If the Director provides representation, the Office of Human Rights Proceedings pays any costs awarded against you. If costs are awarded in your favour, they are paid to the Office of Human Rights Proceedings. This does not affect your entitlement to legal aid, as per section 90(1)(a) or (c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304925.

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

92CRepresentation in civil proceedings arising from complaints

  1. A party to proceedings before the Tribunal or related proceedings may appear and be heard—

  2. in person, or by a barrister or solicitor provided by the person; or
    1. by a barrister or solicitor provided by the Director if, and to the extent that, the Director has decided, under section 90(1)(a) or (c) or (2), to provide representation for the party in the proceedings.

      1. The Tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative.

      2. The Office of Human Rights Proceedings must pay all costs of representation provided—

      3. by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and
        1. in accordance with a decision of the Director under section 90(1)(a) or (c).

          1. The Office of Human Rights Proceedings must pay any award of costs made against a person in proceedings for which representation is provided for that person by the Director.

          2. Any award of costs made in favour of a person in proceedings for which representation is provided for that person by the Director must be paid to the Office of Human Rights Proceedings.

          3. Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the Director under section 90(1)(a) or (c)).

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