Human Rights Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 92M — Damages
92M Damages (1) In any proceedings under section 92B(1) or (4) or section 92E , the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of…
Section 92N — Directions as to payment of damages in certain cases
92N Directions as to payment of damages in certain cases (1) If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay…
Section 92O — Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
92O Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement (1) If, in any proceedings under this Part, the Tribunal determines that an act or omission is in…
Section 92P — 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…
Section 92Q — Monetary limits on remedies Tribunal may grant
92Q Monetary limits on remedies Tribunal may grant (1) Proceedings under section 92B or section 92E may be brought before the Human Rights Review Tribunal irrespective of the amount of damages…
Section 92R — Tribunal to refer granting of remedies to High Court
92R Tribunal to refer granting of remedies to High Court The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B or section 92E to the High Court if…
Section 92S — Further provisions on reference to High Court
92S Further provisions on reference to High Court (1) A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on…
Section 92T — High Court decides remedies on reference from Tribunal
92T High Court decides remedies on reference from Tribunal (1) This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court…
Section 92U — High Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination
92U High Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination (1) Every decision of the High Court under section 92T(5) — (a) must be remitted to…
Section 92V — Abandonment to enable Tribunal to make award of damages
92V Abandonment to enable Tribunal to make award of damages (1) This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B or section 92E to make an award of…
Section 92W — Extension of jurisdiction by agreement between parties
92W Extension of jurisdiction by agreement between parties (1) If, in any proceedings under section 92B or section 92E , only section 92Q prevents the Tribunal from granting any 1 or more of the…
Section 93 — Human Rights Review Tribunal
93 Human Rights Review Tribunal The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human…
Section 94 — Functions of Tribunal
94 Functions of Tribunal The functions of the Tribunal shall be— (a) To consider and adjudicate upon proceedings brought pursuant to sections 92B , 92E , 95 , and 97 : (b) To exercise and perform…
Section 95 — Power to make interim order
95 Power to make interim order (1) In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson of the Tribunal shall have power to…
Section 96 — Review of interim orders
96 Review of interim orders Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or…
Section 97 — Power in respect of exception for genuine occupational qualification or genuine justification
97 Power in respect of exception for genuine occupational qualification or genuine justification (1) The Tribunal may exercise the power referred to in subsection (2) , but only— (a) in respect of a…
Section 98 — Membership of Tribunal
98 Membership of Tribunal The Tribunal shall consist of— (a) A Chairperson; and (b) Two other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the…
Section 99 — Chairpersons of Tribunal
99 Chairpersons of Tribunal (1) Every Chairperson of the Tribunal shall be appointed by the Governor-General on the recommendation of the Minister. (2) Where the Governor-General on the…
Section 99A — Criteria and requirement for appointment of Chairpersons
99A Criteria and requirement for appointment of Chairpersons (1) In recommending a person for appointment as a Chairperson of the Tribunal, the Minister must have regard not only to the matters…
Section 100 — Appointment and term of office
100 Appointment and term of office (1) [Repealed] (2) Except as otherwise provided in section 103 of this Act, every person appointed as a Chairperson of the Tribunal shall hold office for such term,…
Section 101 — Panel
101 Panel (1) The Minister shall maintain a panel of not more than 20 persons who may be appointed pursuant to section 98 of this Act. (2) In considering the suitability of persons for inclusion on…
Section 102 — Deputy Chairperson
102 Deputy Chairperson (1) In any case in which a Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a Chairperson deems it not…
Section 103 — Vacation of office by Chairperson and Deputy Chairperson
103 Vacation of office by Chairperson and Deputy Chairperson (1) A Chairperson and any Deputy Chairperson of the Tribunal may at any time resign his or her office by delivering a notice in writing to…
Section 104 — Sittings of Tribunal
104 Sittings of Tribunal (1) Sittings of the Tribunal shall be held at such times and places as the Tribunal or Chairperson from time to time appoints. (2) Any sitting may be adjourned from time to…
Section 105 — Substantial merits
105 Substantial merits (1) The Tribunal must act according to the substantial merits of the case, without regard to technicalities. (2) In exercising its powers and functions, the Tribunal must act—…
Section 106 — Evidence in proceedings before Tribunal
106 Evidence in proceedings before Tribunal (1) The Tribunal may— (a) call for evidence and information from the parties or any other person: (b) request or require the parties or any other person to…
Section 107 — Sittings to be held in public except in special circumstances
107 Sittings to be held in public except in special circumstances (1) Except as provided by subsections (2) and (3) of this section, every hearing of the Tribunal shall be held in public. (2) The…
Section 108 — Persons entitled to be heard
108 Persons entitled to be heard (1) Any person who is a party to the proceedings before the Tribunal, and any person who satisfies the Tribunal that he or she has an interest in the proceedings…
Section 108A — Tribunal to give notice of proceedings
108A Tribunal to give notice of proceedings The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A , or alleging a…
Section 108B — Submissions in relation to remedies
108B Submissions in relation to remedies (1) Before the Tribunal grants any remedy under Part 3 , it must give the parties to the proceedings and, if the remedy under consideration is a declaration…
Section 109 — Witness summons
109 Witness summons (1) The Tribunal may, if it considers it necessary, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that…
Section 110 — Service of summons
110 Service of summons (1) A witness summons may be served— (a) By delivering it personally to the person summoned; or (b) By posting it by registered letter addressed to the person summoned at that…
Section 111 — Witnesses' allowances
111 Witnesses' allowances (1) Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses' fees, allowances, and travelling expenses…
Section 112 — Privileges and immunities
112 Privileges and immunities Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in a District Court.
Section 113 — Non-attendance or refusal to co-operate
113 Non-attendance or refusal to co-operate (1) Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers,…
Section 114 — Power to commit for contempt
114 Power to commit for contempt (1) If any person— (a) Assaults, threatens, or intimidates, or intentionally insults, the Tribunal or any member of it or any special adviser to or officer of the…
Section 115 — Tribunal may dismiss trivial, etc, proceedings
115 Tribunal may dismiss trivial, etc, proceedings The Tribunal may at any time dismiss any proceedings brought under section 92B or section 92E of this Act if it is satisfied that they are trivial,…
Section 116 — Reasons to be given
116 Reasons to be given (1) This section applies to the following decisions of the Tribunal: (a) a decision to grant 1 or more of the remedies described in section 92I or the remedy described in…
Section 117 — Seal of Tribunal
117 Seal of Tribunal The Tribunal shall have a seal, which shall be judicially noticed in all Courts and for all purposes. Compare: 1977 No 49 s 57
Section 118 — Members of Tribunal not personally liable
118 Members of Tribunal not personally liable No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in…
Section 119 — Fees of members of Tribunal
119 Fees of members of Tribunal (1) A member of the Tribunal is entitled— (a) to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the…
Section 120 — Services for Tribunal
120 Services for Tribunal (1) The Department for Courts shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions. (2) The…
Section 121 — Enforcement
121 Enforcement (1) The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that Court: (a)…
Section 122 — Stating case for High Court
122 Stating case for High Court (1) The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own…
Section 122A — Removal to High Court of proceedings or issue
122A Removal to High Court of proceedings or issue (1) The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to…
Section 122B — Proceedings or issue removed to High Court
122B Proceedings or issue removed to High Court (1) If the Tribunal, acting under section 122A , orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section…
Section 123 — Appeals to High Court
123 Appeals to High Court (1) Where any party is dissatisfied with any interim order made by the Chairperson under section 95 of this Act, that party may appeal to the High Court against the whole or…
Section 124 — Appeal to Court of Appeal on a question of law
124 Appeal to Court of Appeal on a question of law (1) Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against…
Section 125 — Costs of appeal
125 Costs of appeal The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 of this Act as may seem just but every order for costs…
Section 126 — Additional members of High Court for purposes of Act
126 Additional members of High Court for purposes of Act (1) For the purpose of the exercise by the High Court of its jurisdiction and powers— (a) Under section 92T ; or (b) Under section 123 in…