Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2 - Required actions after declarations of inconsistency

92WA: Attorney-General to notify Parliament of declaration of inconsistency

You could also call this:

"The Attorney-General must tell Parliament about a law that doesn't match human rights."

You need to know what happens when a declaration of inconsistency is made. This declaration is made under section 92J, which you can read about at section 92J. The declaration becomes final if no appeals are made or if all appeals are withdrawn or dismissed. The Attorney-General must tell the House of Representatives about the declaration. This must be done within six sitting days of the House of Representatives after the declaration becomes final. The Attorney-General does this by presenting a notice to the House of Representatives. This notice brings the declaration to the attention of the House of Representatives. This is an important step in the process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS745460.

This page was last updated on 13 December 2025 — View changes

Topics:

Rights and equality > Anti-discriminationGovernment and voting > Government departments

92W: Extension of jurisdiction by agreement between parties, or

"Agreeing to Let the Tribunal Make a Decision"

92WB: Responsible Minister to report to Parliament Government’s response to declaration, or

"Minister must report to Parliament on Government's response to law changes"

Part 3Resolution of disputes about compliance with Part 1A and Part 2
Required actions after declarations of inconsistency

92WAAttorney-General to notify Parliament of declaration of inconsistency

This section applies if a declaration made under section 92J (by the Tribunal, or by a senior court on an appeal against a decision of the Tribunal) becomes final because—
no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.

The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.

Notes

Section 92WA: inserted, on 30 August 2022, by section 7 of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).