Part 3 s 92J
Human Rights Act 1993
Version as at
1 July 2024
(e)
a declaration that any contract entered into or performed in contraven‐
tion of any provision of Part 1A or Part 2 is an illegal contract:
(f)
an order that the defendant undertake any specified training or any other
programme, or implement any specified policy or programme, in order
to assist or enable the defendant to comply with the provisions of this
Act:
(g)
relief in accordance with subpart 5 of Part 2 of the Contract and Com‐
mercial Law Act 2017 in respect of any such contract to which the
defendant and the complainant or, as the case may be, the aggrieved
person are parties:
(h)
any other relief the Tribunal thinks fit.
(4)
It is no defence to proceedings referred to in subsection (2) or subsection (5)
that the breach was unintentional or without negligence on the part of the
party against whom the complaint was made, but, subject to section 92P, the
Tribunal must take the conduct of the parties into account in deciding what, if
any, remedy to grant.
(5)
In proceedings before the Human Rights Review Tribunal brought, under sec‐
tion 92B(3), by the person against whom a complaint was made, that person
may seek a declaration that he or she has not committed a breach of Part 1A or
Part 2.
Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3)
Section 92I: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 92I(3)(g): amended, on 1 September 2017, by section 347 of the Contract and Commercial
Law Act 2017 (2017 No 5).
92J
Remedy for enactments in breach of Part 1A
(1)
If, in proceedings before the Human Rights Review Tribunal, the Tribunal
finds that an enactment is in breach of Part 1A, the only remedy that the
Tribunal may grant is the declaration referred to in subsection (2).
(2)
The declaration that may be granted by the Tribunal, if subsection (1) applies,
is a declaration that the enactment that is the subject of the finding is inconsist‐
ent with the right to freedom from discrimination affirmed by section 19 of the
New Zealand Bill of Rights Act 1990.
(3)
The Tribunal may not grant a declaration under subsection (2) unless that
decision has the support of all or a majority of the members of the Tribunal.
(4)
Nothing in this section affects the New Zealand Bill of Rights Act 1990.
Section 92J: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
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