Part 5
Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal:
Proceedings in relation to complaints or investigations
97Director may commence proceedings in Tribunal
This section applies if a complaint or matter is referred by the Commissioner to the Director under section 78, 84, 91(5)(b) or (6), or 94(4)(a) or (5).
The Director must—
- decide whether to commence proceedings in the Tribunal in respect of the complaint or matter; and
- give written notice to the following persons of that decision:
- the complainant; and
- the agency whose action was the subject of the complaint or matter.
- the complainant; and
Before commencing any proceedings in the Tribunal, the Director must give the agency an opportunity to be heard.
The parties to proceedings commenced under this section are—
- the Director, as the plaintiff; and
- the agency, as the defendant.
An aggrieved individual may join, or be joined in, the proceedings only if the Tribunal so orders.
The Director may bring proceedings on behalf of a class of aggrieved individuals, and may seek on behalf of the individuals who belong to the class any of the remedies described in section 102, if the Director considers that a respondent is acting or has acted in a way that affects or has affected that class and that is an interference with the privacy of an individual.
Compare
- 1993 No 28 s 82