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)

the 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)

Section 92H: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).

Section 92H(1)(b)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 92H(1)(b)(iv): added, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).