Human Rights Review Tribunal Regulations 2002

  • This version was replaced on 12 November 2018 to make corrections to r 16(3) under section 25(1)(j)(iii) of the Legislation Act 2012.

Reprint as at 1 October 2003

Coat of Arms of New Zealand

Human Rights Review Tribunal Regulations 2002

(SR 2002/19)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of February 2002

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to section 144 of the Human Rights Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Human Rights Review Tribunal Regulations 2002.

Preliminary provisions

2 Commencement

These regulations come into force on 21 March 2002.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Human Rights Act 1993

Chairperson

(a)

means the Chairperson of the Tribunal; and

(b)

includes a Deputy Chairperson who is for the time being acting, under section 102 of the Act, for the Chairperson of the Tribunal

Commission means the Human Rights Commission continued by section 4 of the Act

Director of Human Rights Proceedings means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A of the Act

Director of Proceedings means the person for the time being designated under section 15(1) of the Health and Disability Commissioner Act 1994 as the Director of Proceedings

Health and Disability Commissioner means the Health and Disability Commissioner appointed under section 8 of the Health and Disability Commissioner Act 1994

Privacy Commissioner means the Privacy Commissioner appointed under section 12 of the Privacy Act 1993

proceedings

(a)

means proceedings under—

(i)

section 92B or section 92E or section 97 of the Act; or

(ii)

section 82 or section 83 of the Privacy Act 1993; or

(iii)

section 50 or section 51 of the Health and Disability Commissioner Act 1994; but

(b)

does not include proceedings under section 95 of the Act

Secretary means the officer of the Ministry of Justice who is for the time being acting as secretary of the Tribunal

Tribunal means the Human Rights Review Tribunal continued by section 93 of the Act.

(2)

Whenever there are 2 Chairpersons of the Tribunal, every reference in these regulations to “the Chairperson” must be read as a reference to either Chairperson.

Compare: SR 1996/226 r 2

Regulation 3(1) Secretary: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

4 Purpose of these regulations

(1)

The purpose of these regulations is to make it possible for proceedings before the Tribunal to be determined—

(a)

in harmony with the purpose and spirit of the Acts under which the proceedings arise; and

(b)

as required by those Acts (for example, in a manner consistent with the performance of the Tribunal’s duties under section 105 of the Act); and

(c)

as fairly, efficiently, simply, and speedily as is consistent with justice.

(2)

These regulations must be read in the light of their purpose.

Compare: SR 1996/226 r 3

Commencement of proceedings

5 Commencement of proceedings

(1)

Proceedings are commenced by filing a form—

(a)

approved for the purpose by the Tribunal; and

(b)

provided by the chief executive of the Ministry of Justice.

(2)

The form must be filed in the office of the Tribunals Division of the Ministry of Justice in Wellington.

(3)

The form must be completed and filed by, or on behalf of, the person or persons or body bringing the proceedings, as specified in column 2 of the table in regulation 6.

Compare: SR 1996/226 r 4

Regulation 5(1)(b): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

Regulation 5(2): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

6 Person or body bringing proceedings

The table referred to in regulation 5(3) is as follows:

ProceedingsPerson or body bringing them
Under section 92B(1) of the Actthe complainant
or
the person aggrieved (if not the complainant)
or
the Commission
Under section 92B(3) of the Acta person against whom a complaint referred to in section 76(2)(a) of the Act has been made
Under section 92B(4) of the Act, to enforce a settlement of a complaint under section 76(2)(a)a party to that complaint
Under section 92E(1) of the Act, arising from an inquiry by the Commission under section 5(2)(h) of the Actthe Commission
Under section 97 of the Act, for a declaration under that sectionthe Commission
or
a person or persons against whom a complaint under section 76(2)(a) of the Act has been made
or
a person who is the subject of an inquiry under section 5(2)(h) of the Act
Under section 82 of the Privacy Act 1993the Director of Human Rights Proceedings
Under section 83 of the Privacy Act 1993the aggrieved individual
Under section 50 of the Health and Disability Commissioner Act 1994the Director of Proceedings
Under section 51 of the Health and Disability Commissioner Act 1994the aggrieved person

Informal applications

7 Tribunal’s powers to determine proceedings to have been commenced by informal applications

The Tribunal’s powers, under regulations 8 to 11, to determine proceedings to have been commenced by an application in writing, may be exercised despite regulation 5 and regardless—

(a)

of the form of the application in writing; and

(b)

of the way in which the application in writing was completed or given to the Tribunal.

Compare: SR 1996/226 r 5(1)

8 Proceedings under section 92B or section 92E of Act

The Tribunal may determine that proceedings under section 92B of the Act or, as the case requires, under section 92E of the Act, have been commenced by an application in writing made by, or on behalf of,—

(a)

the complainant, the person aggrieved (if not the complainant), or the Commission, if he or she or it is entitled to bring the proceedings under section 92B(1) of the Act; or

(b)

the person against whom a complaint referred to in section 76(2)(a) of the Act has been made, if that person is entitled to bring the proceedings under section 92B(3) of the Act; or

(c)

a party to a complaint under section 76(2)(a), if that party is entitled to bring the proceedings (to enforce a settlement of the complaint) under section 92B(4) of the Act; or

(d)

the Commission, if the proceedings are brought under section 92E(1) of the Act.

Compare: SR 1996/226 r 5(1)

9 Proceedings under section 97 of Act

(1)

The Tribunal may determine that proceedings under section 97 of the Act have been commenced by an application in writing made by, or on behalf of, a body or person or group of persons specified in subclause (2), if the body or person or group is entitled to bring the proceedings under section 97(1) of the Act.

(2)

The body or person or group of persons must be—

(a)

the Commission; or

(b)

a person or persons against whom a complaint under section 76(2)(a) of the Act has been made; or

(c)

a person who is the subject of an inquiry under section 5(2)(h) of the Act.

Compare: SR 1996/226 r 5(1)

10 Proceedings under section 82 or section 83 of Privacy Act 1993

The Tribunal may determine that proceedings under section 82 or section 83 of the Privacy Act 1993 have been commenced by an application in writing made by, or on behalf of,—

(a)

the Director of Human Rights Proceedings, if the proceedings are brought under section 82 of that Act; or

(b)

the aggrieved individual, if he or she is entitled to bring the proceedings under section 83 of that Act.

Compare: SR 1996/226 r 5(2)

11 Proceedings under section 50 or section 51 of Health and Disability Commissioner Act 1994

The Tribunal may determine that proceedings under section 50 or section 51 of the Health and Disability Commissioner Act 1994 have been commenced by an application in writing made by, or on behalf of,—

(a)

the Director of Proceedings, if the proceedings are brought under section 50 of that Act; or

(b)

the aggrieved person, if he or she is entitled to bring the proceedings under section 51 of that Act.

Compare: SR 1996/226 r 5(3)

Service of proceedings

12 Notice of proceedings

As soon as practicable after proceedings have been commenced, the Secretary must,—

(a)

refer the proceedings to the Chairperson for determination by the Tribunal; and

(b)

cause to be served on the defendant a notice of the kind described in regulation 13; and

(c)

if the proceedings are of a kind referred to in column 1 of the table in regulation 14, cause to be served on the persons or bodies referred to in column 2 of that table in the same row as the reference to the proceedings, a notice informing those persons or bodies of the proceedings.

Compare: SR 1996/226 r 6

13 Nature of notice to be served on defendant

The notice referred to in regulation 12(b) must—

(a)

inform the defendant of the proceedings; and

(b)

state the place for the filing of a statement of reply and the time within which the statement of reply is required, by or under regulation 15(1) or (2), to be filed; and

(c)

warn the defendant that, if the statement of reply is not filed within the time required by or under regulation 15(1) or (2), the Tribunal or the Chairperson may proceed at once to fix a time and place for the hearing of the proceedings; and

(d)

warn the defendant that the Tribunal may refuse to hear the defendant if, by the time of the hearing, the defendant—

(i)

has not filed a statement of reply within the time required by or under regulation 15(1) or (2), or in accordance with leave of the Tribunal granted under regulation 15(3); and

(ii)

has not applied for the leave of the Tribunal, under regulation 15(3), to file a statement of reply outside the time required by or under regulation 15(1) or (2).

Compare: SR 1996/226 r 6(b)

14 Other persons or bodies to be notified of proceedings

The table referred to in regulation 12(c) is as follows:

ProceedingsPerson or bodies to be served
Under section 92B or 92E of the Act, alleging a breach of Part 1A of the Act, or alleging a breach of Part 2 of the Act by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, if the Attorney-General is not a party to the proceedingsthe Attorney-General (as required by section 108A of the Act)
Under section 92B or 97 of the Act, brought by a person or body other than the Commissionthe Commission
Under section 97 of the Act, for a declaration under that section, brought by the Commissionthe person whose act, omission, practice, requirement, or condition would be the subject of the declaration
Under section 97 of the Act, for a declaration under that section, brought by a person who is the subject of an inquiry under section 5(2)(h) of the Actpersons who the secretary considers should be notified of the proceedings because he or she knows that they are directly affected by the act, omission, practice, requirement, or condition that would be the subject of the declaration
Under section 83 of the Privacy Act 1993, brought by the aggrieved individualthe Director of Human Rights Proceedings
and
the Privacy Commissioner
Under section 51 of the Health and Disability Commissioner Act 1994, brought by the aggrieved personthe Director of Proceedings
and
the Health and Disability Commissioner

Compare: SR 1996/226 r 6(c)

Before any hearing

15 Filing and service of statement of reply

(1)

A defendant who intends to defend the proceedings—

(a)

must, within 30 days after the day on which the notice of proceedings is served on the defendant, file in the office of the Tribunals Division of the Ministry of Justice in Wellington a statement of reply to the plaintiff’s claim; and

(b)

must serve a copy of the statement of reply on the plaintiff and any other party.

(2)

Despite subclause (1), in proceedings involving an alleged breach of information privacy principle 6 (set out in section 6) of the Privacy Act 1993, the Chairperson may shorten the time for the filing of a statement of reply if, on an application for the purpose by the plaintiff in the proceedings, the Chairperson is satisfied that the urgency of the case requires the Chairperson to do so.

(3)

A defendant who fails to file a statement of reply within the time required by or under subclause (1) or (2) may do so only with the leave of the Tribunal.

(4)

Leave may be granted on any terms or conditions the Tribunal specifies.

Compare: SR 1996/226 r 7

Regulation 15(1)(a): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

16 Conduct of proceedings: power to give directions, etc

(1)

Subject to decisions of the Tribunal, the Chairperson may give any directions and do any other things—

(a)

that are necessary or desirable for the proceedings to be heard, determined, or otherwise dealt with, as fairly, efficiently, simply, and speedily as is consistent with justice; and

(b)

that are not inconsistent with the Act or, as the case requires, the Privacy Act 1993 or the Health and Disability Commissioner Act 1994, or with these regulations.

(2)

For example, the Chairperson may direct that separate proceedings be heard, determined, or otherwise dealt with, together, if—

(a)

they are proceedings under provisions specified in different paragraphs of subclause (3); and

(b)

they relate to the same defendant (whether or not any or all of them also relate to any other person); and

(c)

the right to relief in them is alleged to arise out of the same transaction or the same series of transactions.

(3)

The provisions referred to in subclause (2) are—

(a)
(b)

section 82 or section 83 of the Privacy Act 1993:

(c)

section 50 or section 51 of the Health and Disability Commissioner Act 1994.

Compare: SR 1996/226 r 8

17 Meeting of parties before any hearing

(1)

Before the hearing of any proceedings, the Chairperson may convene a meeting of the parties to the proceedings—

(a)

to ascertain, if possible, the issues in dispute between the parties to the proceedings; and

(b)

to determine whether or not it is necessary or desirable to give directions or do other things, under regulation 16; and

(c)

to ascertain, if possible, a suitable time and place for the hearing of the proceedings.

(2)

Every person who has a right to appear in those proceedings, under any provision (for example, under section 92G or section 92H) of the Act or, as the case requires, under section 86 of the Privacy Act 1993 or section 55 of the Health and Disability Commissioner Act 1994, may also attend the meeting.

(3)

The meeting must be presided over by the Chairperson.

(4)

A record must be made of every decision made at the meeting, and a copy of the record must be provided to—

(a)

the parties to the proceedings; and

(b)

the persons who, under subclause (2), have a right to attend the meeting.

Compare: SR 1996/226 r 9

18 Time and place of hearing

(1)

The Tribunal or the Chairperson must fix a time and place for the hearing of the proceedings.

(2)

The Secretary must cause a notice stating the time and place fixed to be served—

(a)

on the plaintiff; and

(b)

on the defendant; and

(c)

if the proceedings are under section 92B or section 92E or section 97 of the Act, on—

(i)

the Attorney-General, if he or she has chosen to exercise his or her right, under section 92G of the Act, to appear and be heard in them; and

(ii)

the Commission, if it is not the plaintiff or defendant in the proceedings but has chosen to exercise its right, under section 92H of the Act, to appear and be heard in them; and

(d)

if the proceedings are under section 83 of the Privacy Act 1993, on—

(i)

the Director of Human Rights Proceedings; and

(ii)

the Privacy Commissioner; and

(e)

if the proceedings are under section 51 of the Health and Disability Commissioner Act 1994, on—

(i)

the Director of Proceedings; and

(ii)

the Health and Disability Commissioner.

Compare: SR 1996/226 r 10

Hearing and decision

19 Hearing

(1)

At the hearing, the persons who have a right to appear, or who are allowed to appear, before the Tribunal must, subject to subclause (4), each be given an opportunity to be heard.

(2)

The persons who have a right to appear, or who are allowed to appear, before the Tribunal may call evidence and may cross-examine any witness.

(3)

If the plaintiff or the defendant or both fail to appear before the Tribunal at the time and place fixed, the Tribunal may nevertheless, on proof of service of notice of the hearing, proceed to determine the proceedings.

(4)

The Tribunal may refuse to hear the defendant if, by the time of the hearing, the defendant—

(a)

has not filed a statement of reply within the time required by or under regulation 15(1) or (2), or in accordance with leave of the Tribunal granted under regulation 15(3); and

(b)

has not applied for the leave of the Tribunal, under regulation 15(3), to file a statement of reply outside the time required by or under regulation 15(1) or (2).

Compare: SR 1996/226 r 11

20 Attorney-General to be notified in certain cases if Tribunal considering granting declaration under section 92J of Act

(1)

Subclause (2) applies when the Tribunal is considering granting a declaration under section 92J of the Act (which relates to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A) in proceedings—

(a)

to which the Attorney-General is not a party; and

(b)

in which he or she is not exercising his or her right, under section 92G of the Act, to appear and be heard.

(2)

When this subclause applies in accordance with subclause (1), the Secretary must cause to be served promptly on the Attorney-General a notice—

(a)

referring to the opportunity to make submissions that the Tribunal must, under section 108B(1) of the Act, give the Attorney-General; and

(b)

inviting him or her to advise the Tribunal whether or not he or she intends to take up that opportunity.

21 Tribunal’s decision

(1)

A copy of the Tribunal’s decision must be given—

(a)

to the plaintiff; and

(b)

to the defendant; and

(c)

to every other person (being a person who had a right to appear, or who was allowed to appear, before the Tribunal) who appeared before the Tribunal; and

(d)

if the proceedings are under the Act, to every other person to whom decisions of the Tribunal must, under section 116(3) of the Act, be notified (that is, to any other parties, to the Attorney-General, and to the Commission); and

(e)

if the proceedings are under section 82 of the Privacy Act 1993, to the Privacy Commissioner; and

(f)

if the proceedings are under section 83 of the Privacy Act 1993, to—

(i)

the Director of Human Rights Proceedings; and

(ii)

the Privacy Commissioner; and

(g)

if the proceedings are under section 50 of the Health and Disability Commissioner Act 1994, to the Health and Disability Commissioner; and

(h)

if the proceedings are under section 51 of the Health and Disability Commissioner Act 1994, to—

(i)

the Director of Proceedings; and

(ii)

the Health and Disability Commissioner.

(2)

Each copy of the decision must contain, or have attached to it, a statement informing the parties of the right to appeal to the High Court and the procedure for exercising that right.

Compare: SR 1996/226 r 12

Revocation

22 Revocation

The Complaints Review Tribunal Regulations 1996 (SR 1996/226) are consequentially revoked.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 February 2002.

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

    Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5

    List of amendments incorporated in this reprint (most recent first)

Notes
1 General

This is a reprint of the Human Rights Review Tribunal Regulations 2002. The reprint incorporates all the amendments to the regulations as at 1 October 2003, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

  • omission of unnecessary referential words (such as “of this section” and “of this Act”)

  • typeface and type size (Times Roman, generally in 11.5 point)

  • layout of provisions, including:

    • indentation

    • position of section headings (eg, the number and heading now appear above the section)

  • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

  • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

  • position of the date of assent (it now appears on the front page of each Act)

  • punctuation (eg, colons are not used after definitions)

  • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

  • case and appearance of letters and words, including:

    • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

    • small capital letters in section and subsection references are now capital letters

  • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

  • running heads (the information that appears at the top of each page)

  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

State Sector Amendment Act 2003 (2003 No 41): section 14