Human Rights Act 1993

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

92F: Proof of justified limits and exceptions

You could also call this:

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

You are in a court case under the Human Rights Act 1993. If someone says they did not discriminate against you, they must prove it. They must show that what they did was allowed under the New Zealand Bill of Rights Act 1990, which is found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225501 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225519. You are also protected from unfair treatment under Part 2 of the Act. If someone says their behaviour was allowed, they must prove it. They have to show that what they did was an exception to the rules under Part 2. The person who is accused of doing something wrong has to prove they are right. This means they have to give evidence to support their claim. They must do this to show that what they did was fair and allowed under the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304931.

This page was last updated on 13 December 2025 — View changes

Topics:

Rights and equality > Anti-discriminationCrime and justice > Courts and legal help

92E: Civil proceedings arising from inquiry by Commission, or

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

92G: Right of Attorney-General to appear in civil proceedings, or

"The government's lawyer can go to court for important cases"

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

92FProof of justified limits and exceptions

The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limit on the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 lies on the defendant.
The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2, excepted from conduct that is unlawful under any provision of Part 2 lies on the defendant.

Compare

1977 No 49 s 39

Notes

Section 92F: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).