Section 148J — Human Rights Act 1993: Complaints referred to Proceedings Commissioner for decision as to proceedings

148J Complaints referred to Proceedings Commissioner for decision as to proceedings (1) Subsection (2) applies— (a) if a complaint is referred to the Proceedings Commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the Proceedings Commissioner; or (b) if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immediately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section. (2) If this subsection applies,— (a) if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c) , whether to provide representation in relation to the complaint: (b) if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings: (c) if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director. Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).