12A Choice of procedures

(1)

Where the circumstances are such that any person would be entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993, that person may take one, but not both, of the following steps:

(a)

the person may invoke, in relation to those circumstances, the procedures under this Act:

(b)

the person may make, in relation to those circumstances, a complaint under the Human Rights Act 1993.

(2)

For the purposes of subsection (1)(b), a person makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.

Compare: 1991 No 22 s 39; 1993 No 82 s 145

Section 12A: inserted, on 1 May 1996, by section 5(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 12A(2): replaced, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).