Version as at
1 July 2024
Human Rights Act 1993
Part 3 s 79
Section 77: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
78
Method of providing services
Services provided under section 77 may be provided in any manner, includ‐
ing—
(a)
by a telephone, facsimile, internet, or email service (whether as a means
of explaining where information can be found or as a means of actually
providing the information or of otherwise seeking to resolve the prob‐
lem); or
(b)
by publishing pamphlets, brochures, booklets, or codes; or
(c)
by specialists who—
(i)
respond to requests or themselves identify how, where, and when
their services can best support the object of this Part; or
(ii)
provide their services in the manner, and at the time and place that
is, most likely to resolve the problem or dispute in question; or
(iii)
provide their services in all of the ways described in this para‐
graph.
Section 78: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
79
How complaints received to be treated
(1)
This section applies if the Commission receives, under section 76(2)(a), a
complaint alleging that there has been a breach of Part 1A or Part 2 or both
Parts.
(2)
If the complaint or part of it concerns an enactment, or an act or omission that
is authorised or required by an enactment, the complaint or relevant part of it
must be treated only as a complaint that the enactment is in breach of Part 1A.
(3)
Despite every other provision of this section, if the complaint or part of it
concerns a judgment or other order of a court, or an act or omission of a court
affecting the conduct of any proceedings, the Commission must take no further
action in relation to the complaint or relevant part of it.
(4)
If the complaint or part of it concerns an act or omission by a person or body
referred to in section 3 of the New Zealand Bill of Rights Act 1990, and neither
subsection (2) nor subsection (3) applies, the complaint or relevant part of it—
(a)
must be treated only as a complaint that there is a breach of Part 1A,
unless the act or omission complained of involves conduct that—
(i)
is unlawful under any of sections 22, 23, 61 to 63, and 66; or
(ii)
is unlawful under any of sections 65 and 67 to 74, but only to the
extent that those sections relate to conduct that is unlawful under
any provision referred to in subparagraph (i):
63