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StatuteHuman Rights Act 1993

Section 92G — Human Rights Act 1993: Right of Attorney-General to appear in civil proceedings

Text of the provision Official document

92G Right of Attorney-General to appear in civil proceedings (1) The Attorney-General may appear and be heard, in person or by a barrister or solicitor,— (a) in proceedings before the Human Rights Review Tribunal alleging a breach of Part 1A , or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 : (b) in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that are or have been before the Human Rights Review Tribunal: (i) a District Court: (ii) the High Court: (iii) the Court of Appeal: (iv) the Supreme Court. (2) The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney-General is or was a party to the proceedings before the Human Rights Review Tribunal. (3) If, under subsection (1) , the Attorney-General appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96). Subsection (1)(b)(iv) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.

Official source: legislation.govt.nz

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