Version as at
1 July 2024
Human Rights Act 1993
Part 3 s 81
80
Taking action or further action in relation to complaint
(1)
The Commission may only take action or further action under this Part in
relation to a complaint if the complainant or person alleged to be aggrieved (if
not the complainant) informs the Commission that he or she wishes to proceed
with the complaint.
(2)
The Commission may decline to take action or further action under this Part
in relation to a complaint if the complaint relates to a matter of which the
complainant or the person alleged to be aggrieved (if not the complainant) has
had knowledge for more than 12 months before the complaint is received by
the Commission.
(3)
The Commission may also decline to take action or further action under this
Part in relation to a complaint if, in the Commission’s opinion,—
(4)
(a)
the subject matter of the complaint is trivial; or
(b)
the complaint is frivolous or vexatious or is not made in good faith; or
(c)
having regard to all the circumstances of the case, it is unnecessary to
take further action in relation to the complaint; or
(d)
there is in all the circumstances an adequate remedy or right of appeal,
other than the right to petition Parliament or to make a complaint to
the Ombudsman, that it would be reasonable for the complainant or the
person alleged to be aggrieved (if not the complainant) to exercise.
If the Commission decides to take no action or no further action in relation
to a complaint, it must inform the complainant or the person alleged to be
aggrieved (if not the complainant) and the person against whom the complaint
is made—
(a)
of that decision; and
(b)
of the reasons for that decision; and
(c)
of his or her right, under section 92B, to bring proceedings before the
Human Rights Review Tribunal.
Compare: 1977 No 49 s 35; 1981 No 127 s 3
Section 80: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
81
Commission to inform parties of process
(1)
Before gathering information about a complaint, the Commission must comply
with subsections (2) and (4).
(2)
The Commission must inform the following persons of the Commission’s
intention to gather information under section 82, and provide them with general
information about the matters stated in subsection (3):
(a)
the complainant (if any); and
(b)
any person alleged to be aggrieved (if not the complainant); and
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