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Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

47: Director of Proceedings’ right to participate in disciplinary and other proceedings

You could also call this:

"The Director of Proceedings can help and speak for you in court or at a tribunal."

Illustration for Health and Disability Commissioner Act 1994

The Director of Proceedings can help you in some situations. They can give you assistance, like money or advice, when you are dealing with a complaint. They can also represent you in person or by getting a lawyer to speak for you. You can find more information about when the Director of Proceedings can get involved in proceedings under section 45(2)(f).

The Director of Proceedings can appear in court or at a tribunal and speak on your behalf. They can call evidence and ask questions to help your case. If the Director of Proceedings appears in court, they have some rights, like calling evidence and asking questions, but they do not have more rights than the people directly involved in the case.

If the Director of Proceedings appears in court and is not a party to the case, the court can decide who pays the costs. The court can order someone to pay the Director of Proceedings' costs or the Director of Proceedings might have to pay someone else's costs. If the Director of Proceedings is awarded costs, the Commissioner can recover them.

The Commissioner pays the costs if the Director of Proceedings is ordered to pay them. This does not affect the court's power to award costs in other situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333997.

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Part 4Complaints and investigations
Investigations by Commissioner

47Director of Proceedings’ right to participate in disciplinary and other proceedings

  1. The Director of Proceedings may, after referral from the Commissioner under section 45(2)(f),—

  2. provide assistance (whether financial or otherwise) to any complainant in any proceedings before any authority or tribunal:
    1. provide representation (either in person or by counsel)—
      1. for any complainant in any proceedings before an authority or a tribunal, in any case where the complainant, or any person acting on the complainant’s behalf, is permitted, by or under the rules of procedure governing those proceedings, to appear and be heard in those proceedings:
        1. for any party in any proceedings in any court in relation to any proceedings that are or have been before an authority or a tribunal:
          1. for any party in any proceedings before any court, tribunal, authority, Royal Commission, commission of inquiry, board of inquiry, court of inquiry, or committee of inquiry, in any case where those proceedings in any way relate to or arise from any matter that was or is the subject matter of any investigation by the Commissioner under this Part:
          2. appear and be heard, either in person or by counsel, in any proceedings of a kind described in subparagraph (ii) or subparagraph (iii) of paragraph (b), whether or not the Director of Proceedings is a party to those proceedings:
            1. in the Director of Proceedings’ own right, take such proceedings as the Director of Proceedings thinks fit before any court or other tribunal in respect of any matter that in any way relates to or arises from any matter that was or is the subject matter of any investigation by the Commissioner under this Part.

              1. Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings, the Director of Proceedings shall, unless those proceedings are by way of appeal, have the right—

              2. to call evidence on any matter (including evidence in rebuttal) that should be taken into account in the proceedings:
                1. to examine, cross-examine, and re-examine witnesses,—
                    1. but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of witnesses.

                  1. Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings to which the Director of Proceedings is not a party, the court, tribunal, or other body before which those proceedings are conducted, where it has power to award costs to or against parties to the proceedings, may make such order as it thinks just—

                  2. as to the payment by any party to the proceedings of the costs incurred by the Director of Proceedings in so doing; or
                    1. as to the payment by the Director of Proceedings of any costs incurred by any party to the proceedings by reason of the appearance of the Director of Proceedings.

                      1. Where any costs are so awarded to the Director of Proceedings, the Commissioner may recover them in the same manner as parties to the proceedings may recover costs awarded to them.

                      2. Costs ordered to be paid by the Director of Proceedings shall be paid by the Commissioner.

                      3. Nothing in subsection (3) limits or affects any power of a court, tribunal, or other body to award costs in any proceedings to which the Director of Proceedings is a party.

                      Notes
                      • Section 47(1): amended, on , by section 6 of the Health and Disability Commissioner Amendment Act 2013 (2013 No 120).
                      • Section 47(1)(a): amended, on , by section 11(a) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
                      • Section 47(1)(b)(i): amended, on , by section 11(b) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
                      • Section 47(1)(b)(ii): amended, on , by section 11(b) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).