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Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

55: Right of Director of Proceedings to appear in proceedings

You could also call this:

"The Director of Proceedings can go to court to help protect people's rights."

Illustration for Health and Disability Commissioner Act 1994

The Director of Proceedings can appear in court and be heard when there are proceedings under the Health and Disability Commissioner Act before the Human Rights Review Tribunal. You can think of the Director of Proceedings like a special kind of lawyer who helps make sure people's rights are protected. The Director of Proceedings can also appear in the District Court, High Court, or Court of Appeal if the case is related to something that happened in the Human Rights Review Tribunal.

When the Director of Proceedings appears in court, they have the right to call evidence and examine witnesses, but they do not have more rights than the other parties involved in the case. The court can make decisions about who pays the costs of the Director of Proceedings appearing in court.

If the Director of Proceedings is ordered to pay costs, the Commissioner will pay them. This section of the law does not limit or affect what is said in section 54(2) or any power of a court to award costs in any proceedings that the Director of Proceedings is a part of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334118.

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Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination
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54: Powers of Human Rights Review Tribunal, or

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Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

55Right of Director of Proceedings to appear in proceedings

  1. The Director of Proceedings may appear and be heard, in person or by counsel,—

  2. in any proceedings under this Act before the Human Rights Review Tribunal; and
    1. in any proceedings in—in relation to any proceedings that are or have been before the Tribunal under this Act,—
      1. the District Court; or
        1. the High Court; or
          1. the Court of Appeal,—
            2. whether or not the Director of Proceedings is or was a party to the proceedings before the Tribunal.

          2. Where, pursuant to subsection (1), the Director of Proceedings appears in any proceedings of a kind described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the right—

          3. 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), the Director of Proceedings, not being a party to any proceedings before the Tribunal, appears in those proceedings or in any proceedings in any court in relation to those proceedings, the Tribunal or the court, as the case may be, may make such order as it thinks fit—

              2. as to the payment by any party to the proceedings before the Tribunal or the court 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 of the parties to the proceedings before the Tribunal or the court by reason of the appearance of the Director of Proceedings.

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

                  2. Nothing in this section limits or affects—

                  3. section 54(2); or
                    1. any power of a court to award costs in any proceedings to which the Director of Proceedings is a party.

                      Compare
                      Notes
                      • Section 55(1)(a): amended, on , by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
                      • Section 55(1)(b)(i): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).