Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

56: Proof of exceptions

You could also call this:

"Proving you didn't break the rules: showing your actions are an exception"

Illustration for Health and Disability Commissioner Act 1994

If someone says they did not break the Code, you need to understand that the Code has some exceptions. When someone's conduct is excepted from being a breach of the Code, they have to prove it in court. The person accused of breaking the Code, called the defendant, must show that their actions fit one of the exceptions, as you can see if you look at the related law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334120.


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Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

56Proof of exceptions

  1. Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the onus of proving the exception in any proceedings under this Part lies upon the defendant.

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