Version as at
1 July 2024
Human Rights Act 1993
Part 3 s 92R
Monetary limits on remedies Tribunal may grant
Heading: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001
No 96).
92Q Monetary limits on remedies Tribunal may grant
(1)
Proceedings under section 92B or section 92E may be brought before the
Human Rights Review Tribunal irrespective of the amount of damages claimed
or the value of the property in respect of which any remedy is sought.
(2)
However, except as provided in sections 92R to 92V, the Tribunal must not
award any damages or grant any remedy in any proceedings of that kind if
the making of that award or the granting of that remedy would, because of the
monetary limits contained in sections 74 to 79 of the District Court Act 2016,
be beyond the jurisdiction of the District Court.
(3)
For the purposes of subsection (2), if civil proceedings under section 92B are
brought on behalf of more than 1 complainant or, as the case may be, more
than 1 aggrieved person, those proceedings must, for the purpose of applying
any monetary limit under subsection (2), be treated as if each complainant or,
as the case may be, each aggrieved person on whose behalf those proceedings
are brought, were the plaintiff in a separate action against the defendant.
Compare: 1977 No 49 s 41; 1983 No 56 s 15; 1993 No 5 s 3(6)
Section 92Q: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 92Q(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
No 49).
Granting of remedies by High Court on reference from Tribunal
Heading: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001
No 96).
92R Tribunal to refer granting of remedies to High Court
The Human Rights Review Tribunal must refer the granting of a remedy in any
proceedings under section 92B or section 92E to the High Court if the Tribunal
is satisfied on the balance of probabilities that a defendant in the proceedings
has committed a breach of Part 1A or Part 2 or the terms of a settlement of a
complaint, but that—
(a)
the granting of the appropriate remedy under section 92I would be
outside the limits imposed by section 92Q; or
(b)
that the granting of a remedy in those proceedings would be better dealt
with by the High Court.
Compare: 1977 No 49 s 42(1)
Section 92R: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
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