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Human Rights Act 1993

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

92J: Remedy for enactments in breach of Part 1A

You could also call this:

"What happens if a law is unfair according to the New Zealand Bill of Rights Act 1990?"

Illustration for Human Rights Act 1993

If the Human Rights Review Tribunal finds an enactment breaks Part 1A, they can only make one type of decision. The Tribunal can say the enactment is not fair according to section 19 of the New Zealand Bill of Rights Act 1990. The Tribunal must agree on this decision. The Tribunal can make this decision if they think the enactment is unfair. They must all or mostly agree on the decision. This does not change the New Zealand Bill of Rights Act 1990. You can still use this Act as it was before. The Tribunal's decision is limited to saying the enactment is unfair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304942.

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92I: Remedies, or

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

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"What happens after a law is declared inconsistent with human rights"

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

92JRemedy for enactments in breach of Part 1A

  1. If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).

  2. The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990.

  3. The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.

  4. Nothing in this section affects the New Zealand Bill of Rights Act 1990.

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