In the Director’s view, this is a compelling access to justice model and its impact could be extended to benefit the public. In the first place, this could include more resources to allow further cases to be undertaken. Or, perhaps an additional impact would be to potentially include extending the HRA model to the Privacy Act, where privacy complainants could also apply for legal representation following a complaint to the Privacy Commissioner. The triage function that this Office plays in HRA claims could be replicated under the Privacy Act, which may assist in reducing the caseload burden on the Tribunal. We remain concerned at the timeframes for resolving matters in the Tribunal. We are aware that the Tribunal itself is concerned, and we call on the Ministry of Justice to ensure that the Tribunal is provided with the support it needs to improve access to justice within its processes. Summary of decisions The Director made sixty (60) decisions on applications for representation in the Tribunal. Of those, the Director decided to grant representation to ten (10) applicants: eight (8) grants were for representation in the Tribunal, and two (2) were for representation for settlement attempts. Forty-two (42) decisions were made not to provide representation; six (6) to take no further action; and two (2) were referred back to the Human Rights Commission for mediation. Expressed as a percentage, the Director provided representation to seventeen percent (17%) of applicants overall. The proportion of decisions for complaints made under Part 1A vs Part 2 of the Human Rights Act 1993 Some twenty-two (22) of the decisions made concerned complaints under Part 1A of the HRA17 as against thirty-eight (38) that concerned complaints under Part 2 of the HRA.18 Percentage of complaints made under Part 1A and Part 2 Part 1A 37% Part 2 63% 17 18 Part 1A applies to unlawful discrimination complaints against Government agencies or persons or bodies performing public acts pursuant to law (other than complaints about employment discrimination, racial disharmony, racial harassment, sexual harassment, and victimisation). Part 2 applies to complaints against private entities. 39

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