The Office of Human Rights
Proceedings
Te Tari Whakatau Take Tika Tangata
Report to the Minister on the Director of
Human Rights Proceedings’ decisions
The Director of Human Rights Proceedings is
required to report annually to the Minister on the
Director’s decisions following applications for free
legal representation in the Human Rights Review
Tribunal (Tribunal).12
The Office has had a busy year of decisionmaking, settlement negotiations and appearances
at the Tribunal. COVID-19 has had some impact
on a number of cases which were scheduled
to be heard by the Tribunal but the ability of
the Director and staff to work remotely, when
required, has enabled the Office to continue with
most of its work uninterrupted. The Office has
been strengthened during the reporting year
by the appointment of a new Auckland-based
solicitor.
Michael Timmins is the Director of Human Rights
Proceedings where his office brings cases under the
Human Rights and Privacy Acts to the Human Rights
Review Tribunal. Prior to taking up this appointment, he
had worked internationally as an expert on international
human rights law.
Summary of decisions made
The Director made 65 decisions on applications
for representation in the Tribunal. Of those, the
Director decided to grant representation to 19
applicants: 10 grants were for representation in
the Tribunal, and nine were for representation
for settlement attempts. One additional matter
was formally referred back to the Human Rights
Commission for mediation.
Thirty-eight decisions were made not to provide
representation; and seven to take no further
action.
Expressed as a percentage, the Director provided
representation to 30 percent of applicants overall.
The proportion of decisions for complaints made
under Part 1A as against Part 2 of the Human
Rights Act 1993
Some 40 percent of the decisions made concerned
complaints under Part 1A of the Human Rights Act
1993 (HRA)13 as against 60 percent that concerned
complaints under Part 2 of the HRA.
Under s 92A(4) of the Human Rights Act 1993 (HRA) the Director must report to the Minister at least once each year
and, without referring to identifiable individuals concerned, on the Director’s decisions under s 90(1)(a) (applications for
representation in the Human Rights Review Tribunal in respect to enforcing settlement) and s 90(1)(c) (applications for
representation in the Tribunal in respect to complaints under the HRA).
13
Part 1A applies to unlawful discrimination complaints against Government agencies or persons or bodies performing
public acts pursuant to law (other than complaints about employment discrimination, racial disharmony, racial
harassment, sexual harassment, and victimisation).
12
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Human Rights Commission Annual Report 2019/20