Section 92P — Human Rights Act 1993: Matters to be taken into account in exercising powers given by section 92O

92P Matters to be taken into account in exercising powers given by section 92O (1) In determining whether to take 1 or more of the actions referred to in section 92O , the Tribunal must take account of the following matters: (a) whether or not the defendant in the proceedings has acted in good faith: (b) whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O is, or is not, taken: (c) whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal: (d) the social and financial implications of granting any remedy sought by the plaintiff: (e) the significance of the loss or harm suffered by any person as a result of the breach of Part 1A or Part 2 or the terms of a settlement of a complaint: (f) the public interest generally: (g) any other matter that the Tribunal considers relevant. (2) If the Tribunal finds that an act or omission is in breach of Part 1A or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2 , in determining whether to take 1 or more of the actions referred to in section 92O , the Tribunal must, in addition to the matters specified in subsection (1) , take account of— (a) the requirements of fair public administration; and (b) the obligation of the Government to balance competing demands for the expenditure of public money. Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).