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Human Rights Act 1993

Miscellaneous provisions - Proceedings Commissioner

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

You could also call this:

"What happens when the Proceedings Commissioner deals with your complaint"

Illustration for Human Rights Act 1993

You can have a complaint referred to the Proceedings Commissioner. This happens under section 75(g) or section 82(1)(c) of the Human Rights Act. The Director must then decide what to do next. If the Commissioner has not made a decision, the Director decides whether to help you with your complaint under section 90(1)(c). If the Commissioner decided to start proceedings, the Director helps you with the proceedings. If the Commissioner decided not to start proceedings, the Director is deemed to have made that decision. The Proceedings Commissioner makes decisions about complaints. You can find more information about this in the Human Rights Act, under sections like section 75(g) and section 82(1)(c). The Director's decisions are based on these sections, like section 90(1)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305739.

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Part 7Miscellaneous provisions
Proceedings Commissioner

148JComplaints referred to Proceedings Commissioner for decision as to proceedings

  1. Subsection (2) applies—

  2. if a complaint is referred to the Proceedings Commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the Proceedings Commissioner; or
    1. if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immediately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section.

      1. If this subsection applies,—

      2. if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint:
        1. if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings:
          1. if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.

            Notes
            • Section 148J: inserted, on , by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).