Part 1 s 6
(3)
Human Rights Act 1993
Version as at
1 July 2024
The Commission may, in the public interest or in the interests of a person,
department, or organisation, publish reports relating generally to the exercise
of its functions under this Act or to a particular inquiry by it under this Act,
whether or not the matters to be dealt with in a report of that kind have been
the subject of a report to the Minister or the Prime Minister.
Compare: 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1); 1977 No 49 ss 78(1), 86
Section 5: substituted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 5 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004
(2004 No 115).
Section 5(1)(b): amended, on 15 June 2016, by section 6(1) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(1)(c): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(1)(d): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(1)(e): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(c): replaced, on 15 June 2016, by section 6(3) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(ca): inserted, on 15 June 2016, by section 6(3) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(k)(iii): repealed, on 15 June 2016, by section 6(4) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(ka): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(kb): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(kc): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act
2016 (2016 No 28).
Section 5(2)(n): inserted, on 15 June 2016, by section 6(6) of the Human Rights Amendment Act
2016 (2016 No 28).
6
Powers relating to declaratory judgments
(1)
If at any time the Commission considers that it may be desirable to obtain
a declaratory judgment or order of the High Court in accordance with the
Declaratory Judgments Act 1908, the Commission may, despite anything to the
contrary in that Act or any other enactment or rule of law, institute proceedings
under that Act.
(2)
The Commission may exercise the right in subsection (1) only if it considers
that the exercise of the right will facilitate the performance of its functions
stated in section 5(2)(a).
(3)
Subsection (1) does not limit the ability of the Commission to appear in or
bring proceedings under section 92B or section 92E or section 92H or section
97.
Compare: 1977 No 49 s 5A; 1983 No 56 s 3
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