Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2 - Abandonment or agreement to bring claim within Tribunal's jurisdiction

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

You could also call this:

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

You can make a claim to the Tribunal under certain sections of the Human Rights Act 1993, such as section 92B or section 92E, to get an award of damages. The Tribunal can make an award of damages if the amount is within a certain limit set by section 74(1) of the District Court Act 2016. If the amount you are claiming is more than this limit, you can abandon the excess amount and the Tribunal can still make an award. If you abandon the excess amount, the Tribunal can make an award of damages according to section 92M. This award will discharge the person you are making the claim against from liability for the amount you abandoned. This means they will not have to pay that amount. This section of the Act overrides other sections, such as sections 92Q to 92U. It allows the Tribunal to make an award even if you abandon part of your claim. You should be aware that this section applies to claims made under the Human Rights Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304977.

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

Topics:

Crime and justice > Courts and legal helpRights and equality > Anti-discrimination

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"

92W: Extension of jurisdiction by agreement between parties, or

"Agreeing to Let the Tribunal Make a Decision"

Part 3Resolution of disputes about compliance with Part 1A and Part 2
Abandonment or agreement to bring claim within Tribunal's jurisdiction

92VAbandonment to enable Tribunal to make award of damages

This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B or section 92E to make an award of damages in accordance with section 92M if the amount of the award were within the limit for the time being fixed by section 74(1) of the District Court Act 2016 (as applied by section 92Q(2)).
The Tribunal may make an award within that limit if the plaintiff abandons the excess.
An award of damages in those proceedings in accordance with section 92M operates to discharge from liability in respect of the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made.
This section overrides sections 92Q to 92U.

Compare

1977 No 49 s 43

Notes

Section 92V: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 92V(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).