Plain language law

New Zealand law explained for everyone

Human Rights Act 1993

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

92K: Effect of declaration

You could also call this:

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

Illustration for Human Rights Act 1993

If a declaration is made under section 92J, it does not affect the validity of a law. It also does not stop something from happening that was the subject of a complaint. You can find out what to do after a declaration is made by looking at sections 92WA and 92WB, which explain the required actions after a declaration of inconsistency is made under section 92J.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304944.

This page was last updated on — View changes

Topics:
Rights and equality > Anti-discriminationCrime and justice > Courts and legal help
Previous

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

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

Next

92L: Costs, or

"Who pays the costs when you go to the Tribunal for help?"

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

92KEffect of declaration

  1. A declaration under section 92J does not—

  2. affect the validity, application, or enforcement of the enactment in respect of which it is given; or
    1. prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.

      1. Sections 92WA and 92WB provide for required actions after a declaration of inconsistency is made under section 92J (by the Tribunal, or by a senior court on an appeal against a decision of the Tribunal).

      2. Repealed
      Notes
      • Section 92K: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
      • Section 92K(1) heading: inserted, on , by section 6(1) of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
      • Section 92K(2) heading: inserted, on , by section 6(2) of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
      • Section 92K(2): replaced, on , by section 6(2) of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
      • Section 92K(3): repealed, on , by section 6(2) of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).