Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

52: Remedies that may be sought

You could also call this:

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

Illustration for Health and Disability Commissioner Act 1994

If you are taking a case to the Human Rights Review Tribunal, you can ask for certain remedies. You can choose the remedies you think are best from the ones described in section 54. If someone has a personal injury covered by the Accident Compensation Act 2001, they cannot get damages for that injury in the Tribunal proceedings, except for punitive damages as described in section 57(1)(d). This rule applies to proceedings under section 50 or section 51.

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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=DLM334112.

Topics:

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

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."

53: Limitation on right to bring proceedings, or

"Time limits apply when taking someone to the Human Rights Review Tribunal."

Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

52Remedies that may be sought

Subject to subsection (2), in any proceedings before the Tribunal brought by the Director of Proceedings or the aggrieved person, the plaintiff may seek such of the remedies described in section 54 as he or she thinks fit.
If any person has suffered personal injury (within the meaning of the Accident Compensation Act 2001) covered by that Act, no damages (other than punitive damages in accordance with section 57(1)(d)) arising directly or indirectly out of that personal injury—
may be sought by or on behalf of that person in any proceedings under section 50 or section 51:
may be awarded to or for the benefit of that person in any such proceedings.

Compare

1993 No 82 s 86(1)

Notes

Section 52(2): substituted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
Section 52(2): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).