Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

108B: Submissions in relation to remedies

You could also call this:

"Telling the Tribunal what you think about a possible solution"

Illustration for Human Rights Act 1993

You are involved in a case with the Tribunal. The Tribunal must give you a chance to say what you think about a possible remedy before they make a decision. They must also give the other parties and sometimes the Attorney-General a chance to make submissions on the implications and appropriateness of the remedy under Part 3, such as a declaration under section 92J. The Tribunal has to consider what you and the other parties think about the remedy. This includes thinking about what might happen if they grant the remedy and whether it is the right thing to do. The Tribunal must do this before making a decision about a remedy under Part 3. This rule does not change any other rules in Part 3 or section 108.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305418.

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Part 4Human Rights Review Tribunal
Procedure of Tribunal

108BSubmissions in relation to remedies

  1. Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney-General, an opportunity to make submissions on—

  2. the implications of granting that remedy; and
    1. the appropriateness of that remedy.
      1. Subsection (1) does not limit any provision in Part 3 or section 108.

      Notes
      • Section 108B: inserted, on , by section 21 of the Human Rights Amendment Act 2001 (2001 No 96).