Part 3 s 92B
(4)
Human Rights Act 1993
Version as at
1 July 2024
The Director must report to the Minister, at least once each year and without
referring to identifiable individuals concerned, on the Director’s decisions
under section 90(1)(a) and (c), and, as soon as practicable, the Minister must
present a copy of the report to the House of Representatives.
Section 92A: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Proceedings
Heading: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001
No 96).
92B Civil proceedings arising from complaints
(1)
If a complaint referred to in section 76(2)(a) has been made, the complainant,
the person aggrieved (if not the complainant), or the Commission may bring
civil proceedings before the Human Rights Review Tribunal—
(a)
for a breach of Part 1A (other than a breach of Part 1A that is an
enactment, or an act or omission authorised or required by an enactment
or otherwise by law), against the person or persons alleged to be respon‐
sible for the breach:
(b)
for a breach of Part 1A that is an enactment, or an act or omission
authorised or required by an enactment or otherwise by law, against the
Attorney-General, or against a person or body referred to in section 3(b)
of the New Zealand Bill of Rights Act 1990 alleged to be responsible for
the breach:
(c)
for a breach of Part 2, against the person or persons alleged to be
responsible for the breach.
(2)
If a complaint under section 76(2)(a) relates to a discriminatory practice
alleged to be in breach of Part 1A or Part 2 and to affect a class of persons,
proceedings under subsection (1) may be brought by the Commission on behalf
of the class of persons affected.
(3)
A person against whom a complaint referred to in section 76(2)(a) has been
made may bring civil proceedings before the Tribunal in relation to the com‐
plaint if no proceedings in relation to the complaint have been brought under
subsection (1) by, or on behalf of, the complainant or person aggrieved or a
class of persons.
(4)
If parties to a complaint under section 76(2)(a) have reached a settlement of the
complaint (whether through mediation or otherwise) but one of them is failing
to observe a term of the settlement, another of them may bring proceedings
before the Tribunal to enforce the settlement.
(5)
The rights given by subsections (1), (3), and (4) are not limited or affected just
because the Commission or a mediator at a dispute resolution meeting or the
Director is taking any action in relation to the complaint concerned.
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