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Human Rights Act 1993

Powers in relation to inquiries

126A: Evidence order

You could also call this:

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

Illustration for Human Rights Act 1993

You can ask a District Court Judge to make an order to help with an inquiry. The Judge can order someone to give information or documents to the Commission. The Judge can also order someone to give evidence about things that are relevant to the inquiry. You need to apply in writing to get this order and explain why it is needed. The application must say what information or documents are required and why they are relevant. The Judge can also say the Commission must pay the person's expenses for giving the information or documents. A specified inquiry is when the Commission looks into whether someone has broken New Zealand human rights law, as stated in section 5(2)(h). The Commission does not always need to get an order to get information for their inquiry, as stated in section 5(2)(h).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305462.

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Topics:
Crime and justice > Courts and legal helpRights and equality > Anti-discrimination
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126: Additional members of High Court for purposes of Act, or

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

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127: Evidence, or

"Telling the truth and providing information to the Commission"

Part 5Powers in relation to inquiries

126AEvidence order

  1. Any District Court Judge who is satisfied, on an application made by the Commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a specified inquiry, may make an order—

  2. requiring that person to produce to the Commission any information, or documents, or things specified in the order; or
    1. requiring that person to give evidence to the Commission about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.

      1. If an order is made under subsection (1)(a), the District Court Judge may, as a condition of the order, require the Commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in complying with the order or in producing any specified class of information, documents, or things.

      2. An application by the Commission for an order under subsection (1) must be in writing and must—

      3. set out the reasons why the order is sought; and
        1. if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and
          1. explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry.

            1. In this section, specified inquiry means an inquiry by the Commission under section 5(2)(h) into the contravention or possible contravention by any person of New Zealand law relating to human rights.

            2. For the avoidance of doubt, nothing in this section requires the Commission in the exercise of its inquiry function under section 5(2)(h) to obtain an order under subsection (1).

            Notes
            • Section 126A: inserted, on , by section 31 of the Human Rights Amendment Act 2001 (2001 No 96).
            • Section 126A(5): inserted, on , by section 15 of the Human Rights Amendment Act 2016 (2016 No 28).