Section 123 — Human Rights Act 1993: Appeals to High Court

123 Appeals to High Court (1) Where any party is dissatisfied with any interim order made by the Chairperson under section 95 of this Act, that party may appeal to the High Court against the whole or part of that order. (2) A party to a proceeding under section 92B or section 92E may appeal to the High Court against all or any part of a decision of the Tribunal— (a) dismissing the proceeding; or (b) granting one or more of the remedies described in section 92I ; or (c) granting the remedy described in section 92J ; or (d) refusing to grant the remedy described in section 92J ; or (e) constituting a final determination of the Tribunal in the proceeding. (2A) For the purposes of subsection (2)(d) , the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J unless— (a) a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and (b) the Tribunal does not grant the remedy in relation to that enactment. (3) Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97 of this Act, that party may appeal to the High Court against the whole or any part of that decision. (4) Every appeal under this section shall be made by giving notice of appeal within 30 days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates. (5) In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 and 106 of this Act, and those sections shall apply accordingly with such modifications as are necessary. (6) In its determination of any appeal, the Court may— (a) Confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision: (b) Exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates. (7) Notwithstanding anything in subsection (6) of this section, the Court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of Court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates. (8) Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of Court. (9) Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders. Compare: 1977 No 49 s 63 Subsection (2) was substituted, as from 1 January 2002, by section 28 Human Rights Amendment Act 2001 (2001 No 96). Subsection (2) was substituted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (2A) was inserted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.