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