Version as at 1 July 2024 (6) (7) Human Rights Act 1993 Part 3 s 92C Despite subsection (2), the Commission may bring proceedings under subsec‐ tion (1) only if— (a) the complainant or person aggrieved (if not the complainant) has not brought proceedings; and (b) the Commission has obtained the agreement of that person before bring‐ ing the proceedings; and (c) it considers that bringing the proceedings will facilitate the performance of its functions stated in section 5(2)(a). Despite subsections (1) to (6), no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which section 79(3) applies. Section 92B: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92BA Lodging of applications Proceedings before the Tribunal are to be commenced by the lodging of an application in a form approved by the chief executive of the Ministry of Justice after consultation with the Chairperson of the Tribunal. Section 92BA: inserted, on 1 December 2004, by section 5 of the Human Rights Amendment Act 2004 (2004 No 88). Section 92BA: amended, on 29 October 2019, by section 77 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51). 92C Representation in civil proceedings arising from complaints (1) A party to proceedings before the Tribunal or related proceedings may appear and be heard— (a) in person, or by a barrister or solicitor provided by the person; or (b) by a barrister or solicitor provided by the Director if, and to the extent that, the Director has decided, under section 90(1)(a) or (c) or (2), to provide representation for the party in the proceedings. (2) The Tribunal may, on an application for the purpose by any person, give direc‐ tions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative. (3) The Office of Human Rights Proceedings must pay all costs of representation provided— (a) by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and (b) in accordance with a decision of the Director under section 90(1)(a) or (c). 73