Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

121C: Online publication of final written decisions

You could also call this:

"Tribunal decisions are published online for the public to see."

Illustration for Human Rights Act 1993

You can see the Tribunal's final written decisions online. The Tribunal must publish these decisions as soon as possible, unless there is a good reason not to. The decision can be published in part if there is a good reason for not publishing the full decision. You might not see some decisions online because of a suppression order or a statutory requirement. The Tribunal might also decide not to publish a decision if it is not of public value or if publishing it would be unfair. The Tribunal follows a rule that says decisions should be published, but they can make exceptions. A final written decision is one that decides the outcome of a case, either after a hearing or when the Tribunal considers the case on paper. This type of decision can be published online, unless there is a good reason not to, as explained in section 107(3). The Tribunal's decisions are important and are usually made available to the public.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS277630.

This page was last updated on View changes


Previous

121B: Online publication of information about procedures, time frames, and progress of decisions, or

"Information about the Tribunal is available online"


Next

122: Stating case for High Court, or

"Asking the High Court for its opinion on a law question"

Part 4Human Rights Review Tribunal
Procedure of Tribunal

121COnline publication of final written decisions

  1. Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

  2. A final written decision may be published in part if there is good reason for not publishing the full decision.

  3. Subsections (1) and (2) are subject to section 107(3).

  4. Good reason not to publish a decision, or part of it, includes the following:

  5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
    1. the decision falls into a category of decisions that are of limited public value:
      1. taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
        1. In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:

        2. a written reserved decision following an oral hearing:
          1. a written decision in any case considered on the papers.
            Notes
            • Section 121C: inserted, on , by section 95 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).