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Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

115A: Tribunal may strike out, determine, or adjourn proceedings

You could also call this:

"The Tribunal can stop or delay a case if it's not fair or a waste of time."

Illustration for Human Rights Act 1993

The Tribunal can stop a proceeding if you have no good reason for taking it. The Tribunal can also stop a proceeding if it will cause problems or delays. You can be stopped from taking a proceeding if it is not serious or is wasting time. If you are not at the hearing, the Tribunal can make a decision without you. The Tribunal can also stop the proceeding if you are not there. It can delay the hearing if you are not present. The Tribunal has these powers to make sure proceedings are fair and do not waste time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS136564.

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115: Tribunal may dismiss trivial, etc, proceedings, or

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Part 4Human Rights Review Tribunal
Procedure of Tribunal

115ATribunal may strike out, determine, or adjourn proceedings

  1. The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.

          1. If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—

          2. if the party is required to be present, strike out the proceeding; or
            1. determine the proceeding in the absence of the party; or
              1. adjourn the hearing.

                Notes
                • Section 115A: inserted, on , by section 93 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).