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Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2 - Granting of remedies by High Court on reference from Tribunal

92R: Tribunal to refer granting of remedies to High Court

You could also call this:

"Tribunal sends some cases to the High Court for a decision"

Illustration for Human Rights Act 1993

You are part of a case with the Human Rights Review Tribunal. The Tribunal must send your case to the High Court if they think someone has broken the rules in Part 1A or Part 2, or a settlement agreement. This happens when the Tribunal cannot give you the right remedy because of limits set by section 92Q, or when the High Court is better suited to handle your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304968.

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Part 3Resolution of disputes about compliance with Part 1A and Part 2
Granting of remedies by High Court on reference from Tribunal

92RTribunal to refer granting of remedies to High Court

  1. The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B or section 92E to the High Court if the Tribunal is satisfied on the balance of probabilities that a defendant in the proceedings has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, but that—

  2. the granting of the appropriate remedy under section 92I would be outside the limits imposed by section 92Q; or
    1. that the granting of a remedy in those proceedings would be better dealt with by the High Court.

      Compare
      • 1977 No 49 s 42(1)
      Notes
      • Section 92R: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).