Part 9
Miscellaneous provisions
General
204Powers relating to declaratory judgments
If, at any time, it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or an order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commissioner may refer the matter to the Director for the purpose of deciding whether proceedings under that Act should be instituted.
If a matter is referred to the Director under subsection (1), the Director has sufficient standing to institute proceedings under the Declaratory Judgments Act 1908.
Subsection (2) applies—
- despite anything to the contrary in the Declaratory Judgments Act 1908, or any other enactment or rule of law; and
- whether or not the matter is within the Director’s functions and powers under this Act or the Human Rights Act 1993.
Compare
- 1993 No 28 s 20