Part 3 s 92S Human Rights Act 1993 Version as at 1 July 2024 92S Further provisions on reference to High Court (1) A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on the proceedings that— (a) sets out the Tribunal’s finding with regard to the breach of Part 1A or Part 2 or the terms of a settlement of a complaint; and (b) includes, or is accompanied by, a statement of the considerations to which the Tribunal has had regard in making the reference to that court. (2) A copy of the report must be given or sent promptly to every party to the proceedings. (3) Except as provided in this Act, the procedure for a reference under section 92R is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications. Compare: 1977 No 49 s 42(4)–(6), (8) Section 92S: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92T High Court decides remedies on reference from Tribunal (1) This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court under section 92R. (2) The High Court may direct the Tribunal to amplify any report made under section 92S(1). (3) Every person who, under section 92S(2), is given or sent a copy of a report under section 92S(1) is entitled to be heard and to tender in the High Court evidence as to the remedy (if any) to be granted on the basis of the Tribunal’s finding that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint. (4) However, no person referred to in subsection (3) may, on the reference under section 92R, challenge the finding of the Tribunal referred to in subsection (3). (5) The High Court must decide, on the basis of the Tribunal’s finding that the defendant has committed a breach of Part 1A or Part 2, whether 1 or more of the remedies set out in section 92I or the remedy set out in section 92J is to be granted. Compare: 1977 No 49 s 42(2), (5), (6) Section 92T: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92U High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination (1) Every decision of the High Court under section 92T(5)— (a) 84 must be remitted to the Tribunal for inclusion in its determination with regard to the proceedings; and

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents