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Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

104: Sittings of Tribunal

You could also call this:

"When and where the Human Rights Tribunal meets to make decisions"

Illustration for Human Rights Act 1993

The Tribunal decides when and where it meets. You can think of the Tribunal like a court that helps people with human rights issues. The Chairperson or a Deputy Chairperson is in charge of the meetings. The Tribunal can change the time or place of a meeting. The Secretary to the Tribunal can also make these changes. The Tribunal must have all its members present to make a decision. The Chairperson or a Deputy Chairperson leads the meetings. Sometimes the Tribunal can make a decision without a meeting, just by looking at the papers. Before doing this, the Tribunal must ask the people involved if it is okay with them. The Tribunal can also have meetings over the phone or by video link. The Tribunal makes its own rules, but it must follow the Human Rights Act and other laws. It can also follow practice notes issued under section 121A. The Ministry of Justice helps the Tribunal by approving forms it uses. The chief executive of the Ministry of Justice does this after talking to the Chairperson.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305407.

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Part 4Human Rights Review Tribunal
Procedure of Tribunal

104Sittings of Tribunal

  1. Sittings of the Tribunal shall be held at such times and places as the Tribunal, the Chairperson, or a Deputy Chairperson from time to time appoints.

  2. Any sitting may be adjourned from time to time and from place to place by the Tribunal or the Chairperson or a Deputy Chairperson or by the Secretary to the Tribunal.

  3. No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.

  4. The Chairperson or a Deputy Chairperson shall preside at all sittings of the Tribunal.

  5. Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.

  6. Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.

  7. The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.

  8. The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A.

  9. Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson.

Compare
  • 1977 No 49 s 50
  • 1993 No 35 s 5(2)
Notes
  • Section 104(1): amended, on , by section 89(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(2): amended, on , by section 89(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(4): amended, on , by section 89(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(4A): inserted, on , by section 89(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(4B): inserted, on , by section 89(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(4C): inserted, on , by section 89(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(5): replaced, on , by section 89(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 104(6): inserted, on , by section 89(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).