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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

92T: High Court decides remedies on reference from Tribunal

You could also call this:

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

Illustration for Human Rights Act 1993

You can ask the High Court to decide on a remedy if the Tribunal refers it. The High Court can ask the Tribunal to add more information to its report under section 92S(1). You are entitled to give your opinion and evidence in the High Court about the remedy if you got a copy of the Tribunal's report under section 92S(1). You cannot challenge the Tribunal's finding when the High Court is deciding on a remedy. The High Court decides which remedy to give based on the Tribunal's finding that someone broke Part 1A or Part 2. The High Court chooses a remedy from section 92I or section 92J. The High Court makes the final decision on the remedy. You have the right to be heard in the High Court. The High Court's decision is based on the Tribunal's finding.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304972.

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Topics:
Crime and justice > Courts and legal help
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92S: Further provisions on reference to High Court, or

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

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92U: High Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination, or

"The High Court's decision is added to the Tribunal's final decision"

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

92THigh Court decides remedies on reference from Tribunal

  1. This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court under section 92R.

  2. The High Court may direct the Tribunal to amplify any report made under section 92S(1).

  3. Every person who, under section 92S(2), is given or sent a copy of a report under section 92S(1) is entitled to be heard and to tender in the High Court evidence as to the remedy (if any) to be granted on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint.

  4. However, no person referred to in subsection (3) may, on the reference under section 92R, challenge the finding of the Tribunal referred to in subsection (3).

  5. The High Court must decide, on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A or Part 2, whether 1 or more of the remedies set out in section 92I or the remedy set out in section 92J is to be granted.

Compare
  • 1977 No 49 s 42(2), (5), (6)
Notes
  • Section 92T: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).