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Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

123: Appeals to High Court

You could also call this:

"Appealing to the High Court: What to Do if You Disagree with a Tribunal Decision"

Illustration for Human Rights Act 1993

You can appeal to the High Court if you are unhappy with a decision made by the Tribunal. You can appeal against an interim order made by the Chairperson or a Deputy Chairperson under section 95. You can also appeal against a decision of the Tribunal under sections 92B or 92E. You have 22 working days to give notice of appeal after the Tribunal makes a decision. The High Court can confirm, modify, or reverse the decision, or exercise any powers the Tribunal could have used. The court can also refer the matter back to the Tribunal for further consideration. Notice of appeal does not stop the decision from being carried out unless the Tribunal or the High Court says so. The procedure for an appeal is set out in the rules of court. You can appeal against a declaration made by the Tribunal under section 97.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305447.

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Part 4Human Rights Review Tribunal
Procedure of Tribunal

123Appeals to High Court

  1. Where any party is dissatisfied with any interim order made by the Chairperson or a Deputy Chairperson under section 95, that party may appeal to the High Court against the whole or part of that order.

  2. A party to a proceeding under section 92B or section 92E may appeal to the High Court against all or any part of a decision of the Tribunal—

  3. dismissing the proceeding; or
    1. granting 1 or more of the remedies described in section 92I; or
      1. granting the remedy described in section 92J; or
        1. refusing to grant the remedy described in section 92J; or
          1. constituting a final determination of the Tribunal in the proceeding.

            1. For the purposes of subsection (2)(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J unless—

            2. a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and
              1. the Tribunal does not grant the remedy in relation to that enactment.

                1. Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97, that party may appeal to the High Court against the whole or any part of that decision.

                2. Every appeal under this section shall be made by giving notice of appeal within 22 working days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates.

                3. In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 and 106, and those sections shall apply accordingly with such modifications as are necessary.

                4. In its determination of any appeal, the court may—

                5. confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision:
                  1. exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates.

                    1. Notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.

                    2. Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of court.

                    3. Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders.

                    Compare
                    • 1977 No 49 s 63
                    Notes
                    • Section 123(1): amended, on , by section 96(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 123(2): substituted, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
                    • Section 123(2A): inserted, on , by section 47 of the Supreme Court Act 2003 (2003 No 53).
                    • Section 123(4): amended, on , by section 96(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).