Version as at 1 July 2024 Human Rights Act 1993 Part 3 s 92F Section 92D: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). Section 92D heading: amended, on 14 November 2018, by section 78(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). Section 92D(1): amended, on 14 November 2018, by section 78(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). Section 92D(1)(b): amended, on 14 November 2018, by section 78(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). Section 92D(2): amended, on 14 November 2018, by section 78(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). Section 92D(3): amended, on 14 November 2018, by section 78(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). 92E Civil proceedings arising from inquiry by Commission (1) If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the Tribunal,— (a) for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be respon‐ sible for the breach: (b) for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach: (c) for a breach of Part 2, against the person or persons alleged to be responsible for the breach. (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) This section does not limit section 6 or section 92H or section 97. Section 92E: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92F Proof of justified limits and exceptions (1) The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limit on the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 lies on the defendant. (2) The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2, excepted from conduct that is unlawful under any provision of Part 2 lies on the defendant. Compare: 1977 No 49 s 39 75