Version as at
1 July 2024
Human Rights Act 1993
Part 3 s 85
(2)
The Commission must use its best endeavours to assist the parties to secure a
settlement.
(3)
In this section, settlement—
(a)
means the agreement of the parties concerned on actions that settle the
matter, which may include the payment of compensation or the tendering
of an apology; and
(b)
includes a satisfactory assurance by the person to whom the complaint
relates against the repetition of the conduct that was the subject matter of
the complaint or against further conduct of a similar kind.
Section 83: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
84
Reference of complaint to Director or from Director or Tribunal
(1)
The complainant, aggrieved person, or party seeking to enforce a settlement
may refer a complaint to the Director so that he or she may decide, under
section 90(1)(a) or (c), whether to represent that person in proceedings before
the Human Rights Tribunal.
(2)
The Commission must promptly inform all parties concerned of every refer‐
ence of a complaint back to the Commission, whether the reference back is one
by the Director, under section 90(1)(b), or one by the Tribunal, under section
92D.
(3)
A requirement under this section to inform a person is satisfied if all reasonable
efforts have been made to inform the person.
(4)
If a complaint is referred back to the Commission by the Director, under
section 90(1)(b), or by the Tribunal, under section 92D, the Commission may,
without limiting its other powers, require the parties to attend a dispute reso‐
lution meeting or other form of mediation designed to facilitate resolution of
the complaint.
Section 84: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
85
Confidentiality of information disclosed at dispute resolution meeting
(1)
Except with the consent of the parties or the relevant party, persons referred to
in subsection (2) must keep confidential—
(2)
(a)
a statement, admission, or document created or made for the purposes of
a dispute resolution meeting; and
(b)
information that is disclosed orally for the purposes of, and in the course
of, a dispute resolution meeting.
Subsection (1) applies to every person who—
(a)
is a mediator for a dispute resolution meeting; or
(b)
attends a dispute resolution meeting; or
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