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Human Rights Act 1993

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

92I: Remedies

You could also call this:

"What to do if someone breaks the Human Rights Act"

Illustration for Human Rights Act 1993

You can ask for remedies if someone breaks the Human Rights Act. The Human Rights Review Tribunal can give you remedies if they think someone has broken the Act. They can give you a declaration, an order to stop the breach, or damages. You can ask for remedies like a declaration or an order. The Tribunal can also give you damages or make someone do something to fix the problem. They can even make someone take training to follow the Act. It does not matter if the breach was unintentional. The Tribunal will look at what happened and decide what remedy to give. You can also ask for a declaration if you think you did not break the Act. The Tribunal has many options to help you. They can give you many different remedies to fix the problem. You can ask for help if someone breaks the Human Rights Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304940.

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Topics:
Rights and equality > Anti-discriminationCrime and justice > Courts and legal help
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92J: Remedy for enactments in breach of Part 1A, or

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

92IRemedies

  1. This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A).

  2. In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit.

  3. If, in proceedings referred to in subsection (2), the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies:

  4. a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
    1. an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:
      1. damages in accordance with sections 92M to 92O:
        1. an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach:
          1. a declaration that any contract entered into or performed in contravention of any provision of Part 1A or Part 2 is an illegal contract:
            1. an order that the defendant undertake any specified training or any other programme, or implement any specified policy or programme, in order to assist or enable the defendant to comply with the provisions of this Act:
              1. relief in accordance with subpart 5 of Part 2 of the Contract and Commercial Law Act 2017 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties:
                1. any other relief the Tribunal thinks fit.

                  1. It is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92P, the Tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant.

                  2. In proceedings before the Human Rights Review Tribunal brought, under section 92B(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of Part 1A or Part 2.

                  Compare
                  • 1977 No 49 s 38(5), (6), (8)
                  • 1983 No 56 s 12(3)
                  Notes
                  • Section 92I: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
                  • Section 92I(3)(g): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).