Part 3 s 91
Human Rights Act 1993
(a)
an appeal to the High Court against a decision of the Tribunal:
(b)
proceedings in the High Court arising out of—
Version as at
1 July 2024
(i)
the statement of a case under section 122; or
(ii)
the removal of proceedings or a matter at issue in them under
section 122A:
(c)
an appeal to the Court of Appeal against a decision of the High Court
made in proceedings described in paragraph (a) or paragraph (b):
(d)
an appeal to the Supreme Court against—
(i)
a decision of the High Court made in proceedings described in
paragraph (a) or paragraph (b); or
(ii)
a decision of the Court of Appeal made in proceedings described
in paragraph (c).
Section 90: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 90(3): substituted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003
No 53).
91
Requirements for Director’s decisions under section 90
(1)
The Director may make a decision under section 90(1)(a) if it appears to him
or her that a party has failed to observe the terms of a settlement reached on a
previous occasion.
(2)
The Director may make a decision under section 90(1)(b) if—
(3)
(a)
it appears to the Director that the complaint may yet be able to be
resolved by the parties and the Commission (for example, by mediation);
or
(b)
it is unclear to the Director, from information available to him or her, in
relation to the complaint, whether a party has failed to observe the terms
of a settlement reached on a previous occasion.
The Director may make a decision under section 90(1)(c) or (2) if it appears to
him or her that a settlement has not been reached and that no action or further
action by the Commission is likely to facilitate a settlement.
Section 91: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
92
Matters Director to have regard to in deciding whether to provide
representation in proceedings before Tribunal or in related proceedings
(1)
In deciding under section 90(1)(a) or (c) or section 90(2) whether, and to
what extent, to provide representation for a complainant, aggrieved person,
group of persons, party to a settlement of a complaint, or the Commission, the
Director—
(a)
70
must have regard to the matters stated in subsection (2):