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Human Rights Act 1993

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

92E: Civil proceedings arising from inquiry by Commission

You could also call this:

"The Human Rights Commission can take you to court if you break human rights rules."

Illustration for Human Rights Act 1993

If the Human Rights Commission thinks someone has broken the law, it can take them to court. You can be taken to court if you break the rules in Part 1A or Part 2 of the Human Rights Act. The Commission can only do this if it thinks it will help them do their job, which is stated in section 5(2)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304929.

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92D: Tribunal or Chairperson or Deputy Chairperson may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement, or

"Sending a complaint back to be resolved or putting it on hold to settle the issue"

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92F: Proof of justified limits and exceptions, or

"Proving it's fair: when someone says they didn't treat you unfairly, they must show evidence"

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

92ECivil proceedings arising from inquiry by Commission

  1. If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the Tribunal,—

  2. for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach:
    1. for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach:
      1. for a breach of Part 2, against the person or persons alleged to be responsible for the breach.

        1. The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

        2. This section does not limit section 6 or section 92H or section 97.

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