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Human Rights Act 1993

Human Rights Review Tribunal - Functions and powers of Tribunal

95: Power to make interim order

You could also call this:

"The Tribunal can make a temporary decision to help with a case if it's needed for fairness."

Illustration for Human Rights Act 1993

The Tribunal's Chairperson or Deputy Chairperson can make an interim order if they think it is necessary for justice. You can apply for an interim order in certain cases, like under section 92B(1), (2), (3), or (4) or section 92E. The other party will get a copy of the application and can have a say before a decision is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304990.

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Crime and justice > Courts and legal help
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94: Functions of Tribunal, or

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96: Review of interim orders, or

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Part 4Human Rights Review Tribunal
Functions and powers of Tribunal

95Power to make interim order

  1. In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson or a Deputy Chairperson of the Tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a final determination of the proceedings.

  2. An application for an interim order may be made,—

  3. in the case of proceedings under section 92B(1), (2), (3), or (4), by the person or body bringing the proceedings; and
    1. in the case of proceedings under section 92E, by the Commission.

      1. A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made.

      Compare
      • 1977 No 49 s 46A
      • 1993 No 35 s 4(1)
      Notes
      • Section 95(1): amended, on , by section 79 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 95(2): substituted, on , by section 13 of the Human Rights Amendment Act 2001 (2001 No 96).