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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

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

You could also call this:

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

Illustration for Human Rights Act 1993

When the High Court makes a decision under section 92T(5), you need to know it must be sent back to the Tribunal. The Tribunal then includes this decision in its final determination about the case. This decision is part of the Tribunal's determination, even if it goes beyond what section 92Q normally allows. The High Court's decision does not limit sections 123 to 125. It also does not stop you from making an appeal under section 123 if you disagree with the Tribunal's determination. This is because the High Court's decision is included in the Tribunal's determination.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304974.

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Topics:
Crime and justice > Courts and legal help
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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."

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92V: Abandonment to enable Tribunal to make award of damages, or

"Abandoning part of your claim to get damages from the Tribunal"

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

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

  1. Every decision of the High Court under section 92T(5)—

  2. must be remitted to the Tribunal for inclusion in its determination with regard to the proceedings; and
    1. has effect as part of that determination despite the limits imposed by section 92Q.

      1. Nothing in subsection (1)—

      2. limits sections 123 to 125; or
        1. prevents the making of an appeal in accordance with section 123 in respect of a determination of the Tribunal in which a decision of the High Court is included in accordance with subsection (1)(a).

          Compare
          • 1977 No 49 s 42(3), (9)
          Notes
          • Section 92U: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).