Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2 - Monetary limits on remedies Tribunal may grant

92Q: Monetary limits on remedies Tribunal may grant

You could also call this:

"How much money the Human Rights Tribunal can award"

Illustration for Human Rights Act 1993

You can take a case to the Human Rights Review Tribunal no matter how much money is involved. The Tribunal has limits on how much money it can award, based on the rules in sections 74 to 79 of the District Court Act 2016. If many people are making a complaint together, the Tribunal treats each person as if they were making a separate complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304965.

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Part 3Resolution of disputes about compliance with Part 1A and Part 2
Monetary limits on remedies Tribunal may grant

92QMonetary limits on remedies Tribunal may grant

  1. Proceedings under section 92B or section 92E may be brought before the Human Rights Review Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought.

  2. However, except as provided in sections 92R to 92V, the Tribunal must not award any damages or grant any remedy in any proceedings of that kind if the making of that award or the granting of that remedy would, because of the monetary limits contained in sections 74 to 79 of the District Court Act 2016, be beyond the jurisdiction of the District Court.

  3. For the purposes of subsection (2), if civil proceedings under section 92B are brought on behalf of more than 1 complainant or, as the case may be, more than 1 aggrieved person, those proceedings must, for the purpose of applying any monetary limit under subsection (2), be treated as if each complainant or, as the case may be, each aggrieved person on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant.

Compare
  • 1977 No 49 s 41
  • 1983 No 56 s 15
  • 1993 No 5 s 3(6)
Notes
  • Section 92Q: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
  • Section 92Q(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).