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Human Rights Act 1993

Miscellaneous provisions - Complaints Division

148M: Outstanding complaints to be dealt with by Commission under new procedure

You could also call this:

"Old complaints are dealt with by the Commission using new rules"

Illustration for Human Rights Act 1993

You have a complaint that was made to the Complaints Division before this Act started. The Commission will deal with your complaint under the new rules in Part 3. This is because the Human Rights Amendment Act 2001 changed the rules. If a conciliation conference was organised but did not happen, the Commission will offer a dispute resolution meeting instead. They will also tell the Attorney-General about your complaint if it is relevant. The Commission will follow the new rules unless the Complaints Division already decided not to investigate your complaint. If the Complaints Division decided not to investigate, the Commission will not take any action on your complaint. You can find more information about this in Part 3 and the Human Rights Amendment Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305746.

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Part 7Miscellaneous provisions
Complaints Division

148MOutstanding complaints to be dealt with by Commission under new procedure

  1. A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commission under Part 3 (as substituted by section 9 of the Human Rights Amendment Act 2001) as if the complaint were made to the Commission under section 76(2)(a).

  2. For the purposes of subsection (1),—

  3. if the Complaints Division has called a conciliation conference under section 80(1) (as it read immediately before the commencement of this section) but the conference has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and
    1. if section 79(2) applies to the complaint, the Commission must inform the Attorney-General of the details of the complaint as soon as practicable.

      1. Despite subsection (1), if, in relation to a complaint, the Complaints Division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the Commission must take no action or further action in relation to the complaint.

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