Human Rights Act 1993

Miscellaneous provisions - Proceedings Commissioner

148I: Proceedings to which Proceedings Commissioner party

You could also call this:

"What happens to court cases involving the Proceedings Commissioner"

Illustration for Human Rights Act 1993

You need to know what happens to court cases the Proceedings Commissioner was involved in. The Director must now bring, continue, complete, and enforce these cases. The Director can also be taken to court in these cases. The rules in sections 86 to 92, 95, and 97 apply to these cases. You should think of the Director as the Proceedings Commissioner in these cases. The Office of Human Rights Proceedings is like the Commission and the Human Rights Review Tribunal is like the Complaints Review Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305737.

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148J: Complaints referred to Proceedings Commissioner for decision as to proceedings, or

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Part 7Miscellaneous provisions
Proceedings Commissioner

148IProceedings to which Proceedings Commissioner party

  1. Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—

  2. must be brought, continued, completed, and enforced by the Director; and
    1. may be brought, continued, completed, and enforced against the Director.
      1. Sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the Proceedings Commissioner was a party before the commencement of this section as if—

      2. the Director were the Proceedings Commissioner; and
        1. the Office of Human Rights Proceedings were the Commission; and
          1. the Human Rights Review Tribunal were the Complaints Review Tribunal.
            Notes
            • Section 148I: inserted, on , by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).