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Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

122B: Proceedings or issue removed to High Court

You could also call this:

"Moving a case from the Tribunal to the High Court"

Illustration for Human Rights Act 1993

You can ask the Tribunal to move a case to the High Court. If this happens, the High Court can send it back to the Tribunal if they think the Tribunal should deal with it. The High Court will look at the case if they do not send it back. You can appeal to the Court of Appeal if you do not agree with the High Court's decision on a question of law. This is done under section 124. The High Court can make any decisions that the Tribunal could have made. If the High Court keeps the case, they will make a decision and you can appeal to the Court of Appeal. The Court of Appeal will look at the decision to see if the High Court made a mistake on a question of law. This is how you can ask for a review of the High Court's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305445.

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Crime and justice > Courts and legal help
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Part 4Human Rights Review Tribunal
Procedure of Tribunal

122BProceedings or issue removed to High Court

  1. If the Tribunal, acting under section 122A, orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section 122A(2)(b) applies the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter.

  2. If the Tribunal, under section 122A, orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under subsection (1),—

  3. the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
    1. a party to the proceedings may, under section 124, appeal to the Court of Appeal against the determination of the High Court on a question of law arising in the proceedings.

      Notes
      • Section 122B: inserted, on , by section 27 of the Human Rights Amendment Act 2001 (2001 No 96).