Version as at 1 July 2024 (2) Human Rights Act 1993 Part 3 s 92I The right to appear and be heard given by subsection (1) may be exercised— (a) whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but (b) only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a). (3) If, under subsection (1), the Commission appears in any proceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. (4) This section is not limited by section 92B or section 92E or section 97. Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5) Section 92H: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). Section 92H(1)(b)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49). Section 92H(1)(b)(iv): added, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53). Remedies Heading: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96). 92I Remedies (1) This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A). (2) In proceedings before the Human Rights Review Tribunal brought under sec‐ tion 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit. (3) If, in proceedings referred to in subsection (2), the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies: (a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint: (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: (c) damages in accordance with sections 92M to 92O: (d) an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach: 77