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Human Rights Act 1993

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

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

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

Illustration for Human Rights Act 1993

When you are deciding what to do about a complaint, you must think about some things. You have to consider if the person or group being complained about acted in good faith. You also have to think about how your decision might affect people who are not part of the complaint. You must consider if the complaint is about something important that has not been looked at before. You have to think about how your decision might affect society and people's finances. You also have to consider how much harm or loss someone has suffered because of a breach of Part 1A or Part 2. You have to think about what is best for the public and any other things that might be relevant. If you find that someone has done something wrong, you must also think about fair public administration and how the Government should spend public money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304962.

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

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

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92Q: Monetary limits on remedies Tribunal may grant, or

"How much money the Human Rights Tribunal can award"

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

92PMatters to be taken into account in exercising powers given by section 92O

  1. In determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must take account of the following matters:

  2. whether or not the defendant in the proceedings has acted in good faith:
    1. whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O is, or is not, taken:
      1. whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal:
        1. the social and financial implications of granting any remedy sought by the plaintiff:
          1. the significance of the loss or harm suffered by any person as a result of the breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
            1. the public interest generally:
              1. any other matter that the Tribunal considers relevant.

                1. If the Tribunal finds that an act or omission is in breach of Part 1A or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must, in addition to the matters specified in subsection (1), take account of—

                2. the requirements of fair public administration; and
                  1. the obligation of the Government to balance competing demands for the expenditure of public money.

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