Human Rights Amendment Act 2001

31 New section 126A inserted
  • The principal Act is amended by inserting, after the heading to Part 5, the following section:

    126A Evidence order
    • (1) Any District Court Judge who is satisfied, on an application made by the Commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a specified inquiry, may make an order—

      • (a) requiring that person to produce to the Commission any information, or documents, or things specified in the order; or

      • (b) requiring that person to give evidence to the Commission about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.

      (2) If an order is made under subsection (1)(a), the District Court Judge may, as a condition of the order, require the Commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in complying with the order or in producing any specified class of information, documents, or things.

      (3) An application by the Commission for an order under subsection (1) must be in writing and must—

      • (a) set out the reasons why the order is sought; and

      • (b) if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and

      • (c) explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry.

      (4) In this section, specified inquiry means an inquiry by the Commission under section 5(2)(h) into the contravention or possible contravention by any person of New Zealand law relating to human rights.