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

92S: Further provisions on reference to High Court

You could also call this:

"What happens when a case is sent to the High Court for review"

When you send a reference to the High Court under section 92R, you must send a report to the Registrar of the High Court. You set out the Tribunal's finding about the breach of Part 1A or Part 2 in the report. The report also includes a statement of the considerations the Tribunal had when making the reference. You must give a copy of the report to every party to the proceedings promptly. The procedure for a reference under section 92R is the same as the procedure for appeals, with some modifications. This means you follow the rules of court for appeals, with some changes to fit the reference. The rules of court apply to the reference, with the necessary modifications, except as provided in this Act. You follow these rules when making a reference to the High Court under section 92R. This helps ensure the process is fair and consistent.

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

Topics:

Crime and justice > Courts and legal help

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

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

92T: High Court decides remedies on reference from Tribunal, or

"The High Court makes a final decision on a remedy after the Tribunal refers it."

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

92SFurther provisions on reference to High Court

A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on the proceedings that—
sets out the Tribunal's finding with regard to the breach of Part 1A or Part 2 or the terms of a settlement of a complaint; and
includes, or is accompanied by, a statement of the considerations to which the Tribunal has had regard in making the reference to that court.

A copy of the report must be given or sent promptly to every party to the proceedings.
Except as provided in this Act, the procedure for a reference under section 92R is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications.

Compare

1977 No 49 s 42(4)–(6), (8)

Notes

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