Part 3 s 92P
Human Rights Act 1993
Version as at
1 July 2024
(b)
to refuse to grant any remedy that has retrospective effect:
(c)
to refuse to grant any remedy in respect of an act or omission that occur‐
red before the bringing of proceedings or the date of the determination of
the Tribunal or any other date specified by the Tribunal:
(d)
to provide that any remedy granted has effect only prospectively or only
from a date specified by the Tribunal:
(e)
to provide that the retrospective effect of any remedy is limited in a way
specified by the Tribunal.
Section 92O: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
92P Matters to be taken into account in exercising powers given by section 92O
(1)
(2)
In determining whether to take 1 or more of the actions referred to in section
92O, the Tribunal must take account of the following matters:
(a)
whether or not the defendant in the proceedings has acted in good faith:
(b)
whether or not the interests of any person or body not represented in
the proceedings would be adversely affected if 1 or more of the actions
referred to in section 92O is, or is not, taken:
(c)
whether or not the proceedings involve a significant issue that has not
previously been considered by the Tribunal:
(d)
the social and financial implications of granting any remedy sought by
the plaintiff:
(e)
the significance of the loss or harm suffered by any person as a result
of the breach of Part 1A or Part 2 or the terms of a settlement of a
complaint:
(f)
the public interest generally:
(g)
any other matter that the Tribunal considers relevant.
If the Tribunal finds that an act or omission is in breach of Part 1A or that an
act or omission by a person or body referred to in section 3 of the New Zealand
Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1
or more of the actions referred to in section 92O, the Tribunal must, in addition
to the matters specified in subsection (1), take account of—
(a)
the requirements of fair public administration; and
(b)
the obligation of the Government to balance competing demands for the
expenditure of public money.
Section 92P: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
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