Human Rights Act 1993

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

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

You could also call this:

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

Illustration for Human Rights Act 1993

The Attorney-General can appear in court for some civil cases. You can think of the Attorney-General as a lawyer who represents the government. They can appear in cases about breaches of Part 1A or Part 2, or breaches of the New Zealand Bill of Rights Act 1990 by certain people or groups. The Attorney-General can appear in the District Court, High Court, Court of Appeal, or Supreme Court for these cases. They can do this even if they were not part of the original case. If the Attorney-General appears in court, they can give evidence and question witnesses, unless it is an appeal. The Attorney-General has these rights to make sure the government's position is heard in important cases. The Attorney-General can exercise these rights in various courts. They can appear in person or through a lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304933.

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


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92H: Right of Commission to appear in civil proceedings, or

"The Commission can go to court to help protect people's rights."

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

92GRight of Attorney-General to appear in civil proceedings

  1. The Attorney-General may appear and be heard, in person or by a barrister or solicitor,—

  2. in proceedings before the Human Rights Review Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990:
    1. in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that are or have been before the Human Rights Review Tribunal:
      1. the District Court:
        1. the High Court:
          1. the Court of Appeal:
            1. the Supreme Court.
            2. The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney-General is or was a party to the proceedings before the Human Rights Review Tribunal.

            3. If, under subsection (1), the Attorney-General appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses.

            Compare
            • 1977 No 49 s 38A
            • 1983 No 56 s 13
            • 1993 No 35 s 3(5)
            Notes
            • Section 92G: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
            • Section 92G(1)(b)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 92G(1)(b)(iv): added, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).