Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

51: Aggrieved person may bring proceedings before Tribunal

You could also call this:

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

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If you are upset about something, you can take it to the Tribunal. You can do this if the Commissioner finds that someone has broken the rules, but does not refer them to the Director of Proceedings under section 45(2)(f). You can also do this if the Director of Proceedings decides not to take any action.

You can bring proceedings before the Tribunal yourself, or you can have someone act on your behalf. This is allowed under certain conditions, even if section 50(2) says something different, but you must follow section 53. The Commissioner must have already found that the person broke the rules, as stated in section 50.

If the Director of Proceedings declines or fails to take proceedings, you can still take it to the Tribunal. You have the right to do this, as long as you follow the rules. The rules are outlined in the Health and Disability Commissioner Act 1994, which you can find more information about by looking at related legislation.

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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=DLM334110.

Topics:

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

50: Proceedings before Human Rights Review Tribunal, or

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

52: Remedies that may be sought, or

"What help you can ask for if your rights have been broken"

Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

51Aggrieved person may bring proceedings before Tribunal

Notwithstanding section 50(2) but subject to section 53, the aggrieved person (whether personally or by any person authorised to act on his or her behalf) may bring proceedings before the Tribunal against a person to whom section 50 applies if he or she wishes to do so, and—
the Commissioner, having found a breach of the Code on the part of the person to whom that section applies, has not referred the person to the Director of Proceedings under section 45(2)(f); or
the Director of Proceedings declines or fails to take proceedings.

Compare

1993 No 82 s 83(4)

Notes

Section 51(a): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
Section 51(b): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).