Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

50: Proceedings before Human Rights Review Tribunal

You could also call this:

"What happens if a healthcare or disability worker breaks the rules and someone complains to the Human Rights Review Tribunal"

Illustration for Health and Disability Commissioner Act 1994

If you are a health care provider or disability services provider, this section applies to you if someone has made a complaint about you. You might have done something that breaks the Code, and now there is an investigation. The Director of Proceedings can take you to the Human Rights Review Tribunal if you break the Code.

The Director of Proceedings can take you to the Tribunal for breaking the Code, but only if certain other sections of the law, like sections 44(1) and 53, allow it. The Director of Proceedings can also take you to the Tribunal if you are doing something that affects a group of people and breaks the Code. They can ask the Tribunal for remedies, like those described in section 54, on behalf of the people in the group.

If the Director of Proceedings takes you to the Tribunal, the person who made the complaint will not be a part of the proceedings, unless the Tribunal says they can be. This means they will not be able to join in or be joined in the proceedings, unless the Tribunal decides otherwise.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334107.

Topics:

Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination

49: Functions of Director of Proceedings, or

"The Director of Proceedings' job is to decide whether to take action against someone who has done something wrong."

51: Aggrieved person may bring proceedings before Tribunal, or

"You can take a complaint to the Tribunal if you're upset and the rules weren't followed."

Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

50Proceedings before Human Rights Review Tribunal

This section applies to any health care provider or disability services provider in respect of whom or of which an investigation has been conducted under this Part in relation to any action alleged to be in breach of the Code.
Subject to sections 44(1) and 53, civil proceedings before the Human Rights Review Tribunal shall lie at the suit of the Director of Proceedings against any person to whom this section applies for a breach, by that person, of the Code.
The Director of Proceedings may, under subsection (2), bring proceedings on behalf of a class of persons, and may seek on behalf of persons who belong to the class any of the remedies described in section 54, where the Director of Proceedings considers that a person to whom this section applies is carrying on a practice which affects that class and which is in breach of the Code.
Where proceedings are commenced by the Director of Proceedings under subsection (2), neither the complainant (if any) nor the aggrieved person (if not the complainant) shall be an original party to, or, unless the Tribunal otherwise orders, join or be joined in, any such proceedings.

Compare

1993 No 82 s 83(1)–(3)

Notes

Section 50 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 50(2): amended, on 18 September 2004, by section 14 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
Section 50(2): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).