Section 122B — Human Rights Act 1993: Proceedings or issue removed to High Court
Text of the provision Official document
122B Proceedings or issue removed to High Court (1) If the Tribunal, acting under section 122A , orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section 122A(2)(b) applies the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter. (2) If the Tribunal, under section 122A , orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under subsection (1) ,— (a) the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and (b) a party to the proceedings may, under section 124 , appeal to the Court of Appeal against the determination of the High Court on a question of law arising in the proceedings. Sections 122A and 122B were inserted, as from 1 January 2002, by section 27 Human Rights Amendment Act 2001 (2001 No 96).
Official source: legislation.govt.nz
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