Human Rights Act 1993

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

92O: Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement

You could also call this:

"The Tribunal can change or delay a decision if someone breaks the rules."

If you are in a dispute and the Tribunal finds someone has done something wrong under Part 1A or Part 2, they can take certain actions. You can ask the Tribunal to do one or more of these things: tell the person to fix the problem within a certain time, or delay the case to think about what to do next. The Tribunal can also decide not to give a remedy that affects something that happened in the past, or make a remedy only apply from a certain date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304960.

This page was last updated on 13 December 2025 — View changes

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92N: Directions as to payment of damages in certain cases, or

"Who gets damages if you're under 18 or can't manage your own affairs?"

92P: Matters to be taken into account in exercising powers given by section 92O, or

"Things to consider when making a decision about a complaint"

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

92OTribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement

If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A or Part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2).
The actions are,—
instead of, or as well as, awarding damages or granting any other remedy,—
1. to specify a period during which the defendant must remedy the breach; and
2. to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted:
to refuse to grant any remedy that has retrospective effect:
to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the Tribunal or any other date specified by the Tribunal:
to provide that any remedy granted has effect only prospectively or only from a date specified by the Tribunal:
to provide that the retrospective effect of any remedy is limited in a way specified by the Tribunal.

Notes

Section 92O: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).