Version as at
1 July 2024
Human Rights Act 1993
Part 3 s 92M
92K Effect of declaration
Effect on enactment, or act, omission, policy, or activity, concerned
(1)
A declaration under section 92J does not—
(a)
affect the validity, application, or enforcement of the enactment in
respect of which it is given; or
(b)
prevent the continuation of the act, omission, policy, or activity that was
the subject of the complaint.
Required actions after declarations of inconsistency
(2)
Sections 92WA and 92WB provide for required actions after a declaration of
inconsistency is made under section 92J (by the Tribunal, or by a senior court
on an appeal against a decision of the Tribunal).
(3)
[Repealed]
Section 92K: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 92K(1) heading: inserted, on 30 August 2022, by section 6(1) of the New Zealand Bill of
Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
Section 92K(2) heading: inserted, on 30 August 2022, by section 6(2) of the New Zealand Bill of
Rights (Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
Section 92K(2): replaced, on 30 August 2022, by section 6(2) of the New Zealand Bill of Rights
(Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
Section 92K(3): repealed, on 30 August 2022, by section 6(2) of the New Zealand Bill of Rights
(Declarations of Inconsistency) Amendment Act 2022 (2022 No 45).
92L Costs
(1)
In any proceedings under section 92B or section 92E or section 97, the Tribu‐
nal may make any award as to costs that it thinks fit, whether or not it grants
any other remedy.
(2)
Without limiting the matters that the Tribunal may consider in determining
whether to make an award of costs under this section, the Tribunal may take
into account whether, and to what extent, any party to the proceedings—
(a)
has participated in good faith in the process of information gathering by
the Commission:
(b)
has facilitated or obstructed that information-gathering process:
(c)
has acted in a manner that facilitated the resolution of the issues that
were the subject of the proceedings.
Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4)
Section 92L: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
92M Damages
(1)
In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal
may award damages against the defendant for a breach of Part 1A or Part 2
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