Section 79 — Human Rights Act 1993: How complaints received to be treated

79 How complaints received to be treated (1) This section applies if the Commission receives, under section 76(2)(a) , a complaint alleging that there has been a breach of Part 1A or Part 2 or both Parts. (2) If the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of Part 1A . (3) Despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Commission must take no further action in relation to the complaint or relevant part of it. (4) If the complaint or part of it concerns an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 , and neither subsection (2) nor subsection (3) applies, the complaint or relevant part of it— (a) must be treated only as a complaint that there is a breach of Part 1A , unless the act or omission complained of involves conduct that— (i) is unlawful under any of sections 22 , 23 , 61 to 63 , and 66 ; or (ii) is unlawful under any of sections 65 and 67 to 74 , but only to the extent that those sections relate to conduct that is unlawful under any provision referred to in subparagraph (i) : (b) must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 if the act or omission complained of involves conduct that is unlawful under any of sections 22 , 23 , 61 to 63, and 66 . (5) If the complaint or relevant part of it concerns a breach of Part 2 , and none of subsections (2) to (4) applies to the complaint or relevant part of it, the complaint or relevant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 . (6) Nothing in this section prevents the Commission from involving any person that it considers appropriate in information gathering and the resolution of disputes. Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).