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Human Rights Act 1993

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

92H: Right of Commission to appear in civil proceedings

You could also call this:

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

Illustration for Human Rights Act 1993

The Commission can appear in court and be heard in certain cases. You can think of the Commission like a group that helps make sure people's rights are protected. The Commission can appear in the Human Rights Review Tribunal and in some courts like the District Court, the High Court, the Court of Appeal, and the Supreme Court. The Commission can appear in court even if it was not a part of the case before the Human Rights Review Tribunal. But it can only do this if it thinks it will help the Commission do its job, which is stated in section 5(2)(a). The Commission's job is to protect people's rights. If the Commission appears in court, it has the right to present evidence and question witnesses, unless the case is an appeal. This means the Commission can give information to the court and ask questions to people who are giving evidence. The Commission's rights are not limited by certain other sections of the law, like section 92B, section 92E, or section 97.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304936.

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Topics:
Crime and justice > Courts and legal helpRights and equality > Anti-discrimination
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Part 3Resolution of disputes about compliance with Part 1A and Part 2
Proceedings

92HRight of Commission to appear in civil proceedings

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

  2. in proceedings before the Human Rights Review Tribunal; and
    1. in proceedings in any of the following courts in relation to proceedings 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—

            3. whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but
              1. only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

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

                2. This section is not limited by section 92B or section 92E or section 97.

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