Version as at
1 July 2024
(b)
(2)
Human Rights Act 1993
Part 3 s 92A
may have regard to any other matter that the Director considers relevant.
The matters referred to in subsection (1)(a) are—
(a)
whether the complaint raises a significant question of law:
(b)
whether resolution of the complaint would affect a large number of
people (for example, because the proceedings would be brought by or
affect a large group of persons):
(c)
the level of harm involved in the matters that are the subject of the
complaint:
(d)
whether the proceedings in question are likely to be successful:
(e)
whether the remedies available through proceedings of that kind are
likely to suit the particular case:
(f)
whether there is likely to be any conflict of interest in the provision by
the Director of representation to any person described in subsection (1):
(g)
whether the provision of representation is an effective use of resources:
(h)
whether or not it would be in the public interest to provide representa‐
tion.
Section 92: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
92A Director to notify and report on decisions on representation
(1)
(2)
(3)
Promptly after making a decision under section 90(1)(a) or (c), the Director
must notify the complainant, aggrieved person, group of persons, or party
seeking to enforce a settlement reached on a previous occasion—
(a)
of the terms of the decision; and
(b)
if the Director has decided not to provide representation for the com‐
plainant, aggrieved person, class of persons, or party seeking to enforce
a settlement, of the reasons for the decision.
Promptly after making a decision under section 90(2), the Director must notify
the Commission—
(a)
of the terms of the decision; and
(b)
of the reasons for the decision.
If the Director decides to provide representation to the Commission in proceed‐
ings in which the Commission is entitled to be heard under section 92H, but
subsequently concludes that there is, or may be, a conflict of interest in the
provision, or continued provision, of legal representation by the Director to
both the complainant and the Commission, the Director must—
(a)
cease to provide representation to the Commission; and
(b)
promptly advise the Commission of the Director’s decision.
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