Section 92D — Human Rights Act 1993: Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement

92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement (1) When proceedings under section 92B are brought, the Tribunal— (a) must (whether through a member or officer) first consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and (b) must refer the complaint under section 76(2)(a) to which the proceedings relate back to the Commission unless the Tribunal is satisfied that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the Commission— (i) will not contribute constructively to resolving the complaint; or (ii) will not, in the circumstances, be in the public interest; or (iii) will undermine the urgent or interim nature of the proceedings. (2) The Tribunal may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the Commission if it appears to the Tribunal, from what is known to it about the complaint, that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation). (3) The Tribunal may, instead of exercising the power conferred by subsection (2) , adjourn any proceedings relating to a complaint under section 76(2)(a) for a specified period if it appears to the Tribunal, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties. Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).