Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

126: Additional members of High Court for purposes of Act

You could also call this:

"Extra helpers join the High Court to make fair decisions on human rights cases"

When the High Court is dealing with certain cases under the Human Rights Act 1993, like those under section 92T or section 123, you need to know that two extra people will help the court make decisions. These extra people are chosen by a Judge from a special group of people picked by the Minister under section 101. They promise to do their job fairly and without bias. You should understand that for the court to make a decision, a Judge and at least one of these extra people must be present. The court's decision is made by a majority vote, which means most of the people present must agree. If the votes are tied, the Judge's decision is the one that counts. If the court cannot make a decision, the question will be sent to the Court of Appeal to decide. The Court of Appeal's decision is final and will be treated as if it were made by the High Court. The extra people who help the court are paid for their work and can get money back for travel and other expenses. The amount they get paid is decided by the Minister according to a special framework. This framework is like a set of rules that the Government uses to decide how much to pay people who work on special jobs like this. It helps make sure that people are paid fairly for their work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305454.

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Topics:

Crime and justice > Courts and legal helpRights and equality > Anti-discrimination

125: Costs of appeal, or

"Who pays the costs when you appeal a decision"

126A: Evidence order, or

"Asking a court for help to get information for an inquiry"

Part 4Human Rights Review Tribunal
Procedure of Tribunal

126Additional members of High Court for purposes of Act

For the purpose of the exercise by the High Court of its jurisdiction and powers—
under section 92T; or
under section 123 in respect of any appeal under section 123(2) or section 123(3) in which a question of fact is involved,—

section 101

Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.
The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.
The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.
If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.
An additional member is entitled—
to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

For the purposes of subsection (6), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

Compare

1977 No 49 s 66
1991 No 60 s 3(4)

Notes

Section 126(1)(a): amended, on 1 January 2002, by section 29(a) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 126(1)(b): amended, on 1 January 2002, by section 29(b) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 126(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 126(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).