92J Remedy for enactments in breach of Part 1A

(1)

If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).

(2)

The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990.

(3)

The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.

(4)

Nothing in this section affects the New Zealand Bill of Rights Act 1990.

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