86 Right of Director of Human Rights Proceedings to appear in proceedings

(1)

Whether or not the Director of Human Rights Proceedings is or was a party to the proceedings before the Human Rights Review Tribunal, the Director may appear and be heard, in person or by counsel,—

(a)

in any proceedings under this Part before the Human Rights Review Tribunal; and

(b)

in relation to any proceedings that are or have been before the Human Rights Review Tribunal under this Part, in any proceedings in the District Court, the High Court, the Court of Appeal, or the Supreme Court.

(2)

Where, pursuant to subsection (1), the Director of Human Rights Proceedings appears in any proceedings of a kind described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the right—

(a)

to call evidence on any matter (including evidence in rebuttal) that should be taken into account in the proceedings:

(b)

to examine, cross-examine, and re-examine witnesses,—

but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of witnesses.

(3)

Where, pursuant to subsection (1), the Director of Human Rights Proceedings, not being a party to any proceedings before the Tribunal, appears in those proceedings or in any proceedings in any court in relation to those proceedings, the Tribunal or the court, as the case may be, may make such order as it thinks fit—

(a)

as to the payment by any party to the proceedings before the Tribunal or the court of the costs incurred by the Director of Human Rights Proceedings in so doing; or

(b)

as to the payment by the Director of Human Rights Proceedings of any costs incurred by any of the parties to the proceedings before the Tribunal or the court by reason of the appearance of the Director of Human Rights Proceedings.

(4)

Costs ordered to be paid by the Director of Human Rights Proceedings shall be paid by the Privacy Commissioner.

(5)

The Privacy Commissioner may appear and be heard in any proceedings in which the Director of Human Rights Proceedings would be entitled to appear and be heard under this section but declines to do so, and, where the Privacy Commissioner so appears, the provisions of this section shall apply accordingly with all necessary modifications.

(6)

Nothing in this section limits or affects—

(b)

any power of a court to award costs in any proceedings to which the Director of Human Rights Proceedings is a party.

Compare: 1977 No 49 s 38A; 1983 No 56 s 13

Section 86 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(1): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 86(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 86(2): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(3): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(3)(a): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(3)(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(4): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(5): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 86(6)(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).