Section 92H — Human Rights Act 1993: Right of Commission to appear in civil proceedings

92H Right of Commission to appear in civil proceedings (1) The Commission may appear and be heard, in person or by a barrister or solicitor,— (a) in proceedings before the Human Rights Review Tribunal; and (b) in proceedings in any of the following courts in relation to proceedings 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— (a) whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but (b) only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a) . (3) If, under subsection (1) , the Commission appears in any proceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. (4) This section is not limited by section 92B or section 92E or section 97 . 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.