Version as at
1 July 2024
Human Rights Act 1993
Part 1A s 20L
Section 20J: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001
(2001 No 96).
20K Purposes for which section 20L applies
Section 20L applies only for the purposes of—
(a)
any inquiry undertaken by the Commission under section 5(2)(h):
(b)
the assessment, consideration, mediation, or determination of a com‐
plaint under Part 3:
(c)
any determination made by the Director under Part 3 concerning the
provision of representation in proceedings before the Human Rights
Review Tribunal:
(d)
any determination made in proceedings before the Human Rights
Review Tribunal or in any proceedings in any court on an appeal from a
decision of that Tribunal:
(e)
any determination made by any court or tribunal in proceedings brought
under this Act by the Commission:
(f)
any other process or proceedings commenced or conducted under Part 3:
(g)
any related matter.
Section 20K: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001
(2001 No 96).
20L Acts or omissions in breach of this Part
(1)
An act or omission in relation to which this Part applies (including an enact‐
ment) is in breach of this Part if it is inconsistent with section 19 of the New
Zealand Bill of Rights Act 1990.
(2)
For the purposes of subsection (1), an act or omission is inconsistent with
section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
(3)
(a)
limits the right to freedom from discrimination affirmed by that section;
and
(b)
is not, under section 5 of the New Zealand Bill of Rights Act 1990, a
justified limitation on that right.
To avoid doubt, subsections (1) and (2) apply in relation to an act or omission
even if it is authorised or required by an enactment.
Section 20L: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001
(2001 No 96).
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