Human Rights Review Tribunal

Information pamphlet (PDF 36Kb)

Provides useful information on the powers and processes of the Human Rights Review Tribunal.

What is the Human Rights Review Tribunal?

The Human Rights Review Tribunal is a statutory body established to deal with certain cases that are brought under:

• The Human Rights Act 1993

• The Privacy Act 1993

• The Health and Disability Commissioner Act 1994.

The Tribunal is comprised of a Chairperson or Chairpersons and a panel of up to 20 members, all appointed by the Governor General on the recommendation of the Minister of Justice. When the Tribunal sits to hear and determine any particular case it sits with a Chairperson and two members.

Who can bring a claim in the Human Rights Review Tribunal?

Different rules about who is entitled to bring a claim in the Tribunal apply under each of the Acts that confer jurisdiction on the Tribunal. It is always important to check whether the relevant Act empowers the Tribunal to deal with the claim that you wish to bring or defend. If in doubt, parties should obtain legal advice.

Are there any fees to pay?

There are no filing fees or hearing fees.

The Tribunal does, however, have the power to award costs in favour of the successful party and against the unsuccessful party in any case. In the absence of any special circumstances it will usually do so.

How to make a claim

Contact the Secretary of the Human Rights Review Tribunal in the Tribunals Unit of the Ministry of Justice, District Court Building, Wellington and ask for a Statement of Claim form. You will need to tell the Secretary whether your claim will be brought under the Human Rights Act, the Privacy Act or the Health and Disability Commissioner Act.

When you have completed your Statement of Claim it must give the following information:

1. Your full name, the postal address for delivery of documents and your occupation.

2. The full name, address and occupation of the person or the organisation you are complaining about.

3. The specific provision or provisions of the legislation which you say has or have been breached by the defendant.

4. A succinct statement to describe what has happened, and why you say that the defendant has breached the Act under which your claim is to be brought. You should explain:

5. You should set out each fact or allegation in a separate numbered paragraph.

6. This part of the Statement of Claim must give sufficient details of

7. The remedies that you want the Tribunal to order in your favour if your claim is successful - for example, a declaration that there has been a breach of the Act under which the claim has been brought, an order restraining the defendant from repeating the behaviour, damages (in which case you must specify how much you are claiming and how that sum has been made up), and any other relief that you consider to be warranted.

8. In the case of matters that have been investigated by the Privacy Commissioner or the Health and Disability Commissioner, you should also attach to your Statement of Claim the final opinion recording the outcome of the investigation of the matter by the Privacy Commissioner or the Health and Disability Commissioner (as the case may be).

9. You must sign and date the Statement of Claim. Unless there is a good reason not to do so, you must also give your telephone number and (if you have one) your email address and facsimile number.

If there is only one defendant then you should file an original and three copies of the completed Statement of Claim (together with the required attachments) with the Tribunal.

If there is more than one person against whom you wish to proceed, you must file an extra copy of the Statement of Claim for each additional defendant.

If there is any doubt as to whether your Statement of Claim has disclosed a case that the defendant will be required to answer, then it will be referred to the Chairperson of the Tribunal for a direction as to how the matter should proceed. If the Tribunal decides there is no case for the proposed defendant(s) to answer then it will issue a written decision either dismissing or striking out the Statement of Claim.

In all cases that are brought under the Human Rights Act 1993 against any government agency where the plaintiff is not the Director of Human Rights Proceedings, the Statement of Claim will be sent to the Chairperson of the Tribunal as soon as it is filed so that a decision can be made as to whether the Attorney General is entitled to be notified of the claim.

In most cases, however, once the Statement of Claim has been filed the Secretary of the Tribunal will serve the document on the defendant or defendants, and the Office of the Privacy Commissioner or the Health and Disability Commissioner (depending which has been involved in the matter).

What happens when a claim is brought against you?

You will receive a copy of the plaintiff's Statement of Claim against you.

You are always entitled to defend a claim against you.

If you wish to defend the claim, you have 30 days in which to file a Statement of Reply with the Tribunal. This should contain your responses to all of the allegations which have been made against you.

If you choose not to file a Statement of Reply the plaintiff will be entitled to ask that the matter proceed to a hearing without you.

Your Statement of Reply can be set out on a form provided by the Secretary of the Human Rights Review Tribunal. Contact the Secretary at the Tribunals Unit of the Ministry of Justice, District Court Building, Wellington and ask for the form.

When it is completed a Statement of Reply should contain the following information:

1. Copy the number inserted after the words ‘HRRT No.' in the Statement of Claim to which you are replying.

2. Copy the plaintiff's name and address from the Statement of Claim.

3. Set out your correct name, the postal address you will use for delivery of documents in the case to you, and your occupation.

4. Look at the statement of facts in the Statement of Claim to which you are replying. Each fact or allegation should be set out in numbered paragraphs. You should follow the same numbers, and say whether you accept or reject the truth of the allegation made. If you reject an allegation you should say briefly why, and if appropriate give your own account of the matter.

5. Sign where indicated with your usual signature and include the date.

6. Unless there is a good reason not to do so, you should set out your telephone number and (if you have them) your email address and facsimile number.

7. You must file an original and three copies of your Statement of Reply with the Tribunal.

8. Copies of your Statement of Reply must also be sent to the plaintiff and to the Office of the Privacy Commissioner or the Office of the Health and Disability Commissioner, depending which was involved in the investigation of the matter.

What happens after the Statements of Claim and Reply have been exchanged?

Once the Statement of Claim and the Statement of Reply have been exchanged (or if 30 days have elapsed after the Statement of Claim has been served on the defendant without the filing of a Statement of Reply) the Secretary of the Tribunal will contact you to ask when you will be available for a directions conference. These conferences are usually conducted by telephone. They include the Tribunal Chairperson, the plaintiff, the defendant, and usually (in the case of a Privacy Act matter) a representative for the Privacy Commissioner. Depending on circumstances, in appropriate cases there may be a representative for the Director of Human Rights Proceedings, the Health & Disability Commissioner and/ or the Attorney-General.

The topics that may be covered during these directions conferences give a good indication of the sorts of things that may need to be done in order to get the case ready for a hearing:

• Parties: Have the appropriate parties been named? Have the proper parties been included?

• Representation: Who will be representing each of the parties? Where appropriate, do the proposed representatives have authority to deal with the matter?

• Review the materials on Tribunal's file: Have the necessary statements of claim or defence been filed? Are they sufficient to fairly inform the other parties about the case that will be presented to the Tribunal against them?

• Any jurisdictional issues: Are there any reasons why the Tribunal might not have the power to deal with the case?

• Identification of substantive issues for determination: What are the essential factual or legal issues that the Tribunal will be asked to decide?

• Discovery: What arrangements or orders are required to see that there is appropriate disclosure of documents before the hearing takes place?

• Other pre-hearing orders: Are there any other arrangements or orders that should be made to ensure that the matter is properly prepared for hearing by the Tribunal?

• Hearing date: Has the matter reached a point at which it is appropriate to fix a date for the hearing?

• Number of witnesses/time estimate: How many witnesses will be called by each of the parties? How long is the hearing likely to take?

• Pre-hearing exchange of evidence: What timetable should be fixed for the filing and service of statements of evidence? (Usually there is a serial exchange of evidence, with plaintiff providing his or her evidence first and the defendant providing his or her evidence in reply at a later date. Sometimes provision is also made for the plaintiff to file statements of evidence to respond to the statements by the defendant). Are there any witnesses who will be called but from whom it is not possible to obtain a written statement?

• Documentary Exhibits: What arrangements are appropriate for the production of documents as exhibits? Is a bundle of documents appropriate? If so, who should prepare it, what should it contain, how should it be arranged and when should it be filed with the Tribunal?

• Particular arrangements: Are any particular arrangements required for the hearing? e.g. use of Maori or any other language; video link to take evidence from witnesses who cannot attend; method of taking evidence; production of non-documentary exhibits/use of displays; are there any members of the Tribunal who might be disqualified from sitting on the case; etc?

• Hearing date: When should the hearing take place?

• Venue: Where should the hearing take place?

• Further conference: Should there be any further telephone conference before the hearing?

• Settlement: Where a case is settled the Tribunal always appreciates notification as soon as possible.

After every directions conference the Chairperson of the Tribunal issues a minute to record what has been discussed, and any directions or other orders that have been made. These minutes are distributed to all of the parties.

Confidentiality/ Name Suppression

The Tribunal has the power to prevent evidence to be given at the hearing from being published. The Tribunal also has the power to prohibit publication of the names of one or more of the parties.

It is important to note that orders of this kind are only made if there are special circumstances to justify a departure from the usual possible, which is that proceedings in the Tribunal are conducted in public. If you consider that orders to protect confidentiality or to prevent publication of the names of any of the parties in your case are warranted, then you should raise the matter by writing to the Secretary of the Tribunal as soon as practical. Your letter will be referred to the Chairperson who will then issue a minute with directions as to how the matter will be dealt with.

The hearing

Once all preparatory steps have been attended to the case will be heard by the Tribunal.

You are strongly advised to attend the hearing. If for any unexpected reasons you are suddenly unable to do so, you should contact the Secretary of the Tribunal immediately. You may be able to have the hearing adjourned to another date.

If you do not attend the Tribunal may hear the case in your absence, and deal with it without hearing from you.

Can you be represented by someone else?

Yes. It is usually wise to be represented by someone else with experience in dealing with complaints of the kind made by or about you. This person should also have experience with legal proceedings and courts.

Assistance with legal costs

You may be eligible for legal aid if you want a lawyer to represent you, and your financial circumstances allow you to qualify. Legal Aid is not, however, automatically granted for cases in the Tribunal. If you want to apply for legal aid you should discuss the matter with your lawyer at your first appointment.

If you may qualify for legal aid, then your lawyer will proceed to apply on your behalf. Alternatively you can contact the Legal Services Agency to see whether you may be able to apply for legal aid for the case.

In some cases it may be possible for you to be represented by the Director of Human Rights Proceedings. Enquiries should be made to the Office of the Director of Human Rights Proceedings.

Where does the hearing take place?

The hearing usually takes place in the town or city nearest to where the events which have given rise to the case took place. In some circumstances (for example, if all parties agree that another venue would be more convenient) then other arrangements can be made.

What happens at the hearing?

The purpose of the hearing is to enable the Tribunal to hear the evidence and legal arguments from both sides so that it is in a position to make its decision.

Depending on the kind of case, sometimes a representative from the Office of the Privacy Commissioner, the Office of the Health and Disability Commissioner, the Office of the Director of Human Rights Proceedings, the Human Rights Commission and/or the Office of the Attorney General may also take part at the hearing (as a result of the telephone conference procedure you will know who will be appearing at the hearing of your case before the hearing begins).

At the hearing the plaintiff will generally be asked to begin. It is usual for each party to make a short opening statement about their case when they begin. Each party will be given the opportunity to produce witnesses to support their case. Those witnesses may be questioned by the other parties. The Tribunal members may also ask questions.

At the end of the evidence the parties will be given an opportunity to make closing submissions about the case. The Tribunal then retires to consider the case and reach its decision.

In some cases the Tribunal is able to give its decision at the end of the hearing. It is more usual, however, for a written decision to be sent to the parties some time after the hearing.

It is important to note that in any case the Tribunal can:

• summon witnesses to appear before it;

• require the production of any books, papers or other documents relating to the case;

• take evidence by oath or affirmation (except in rare circumstances, evidence at hearings is always given under oath or affirmation);

• proceed to deal with the matter if any party fails to attend without good reason.

What happens after the hearing?

The decision of the Tribunal can be enforced in the District Court if the other party fails to comply with the orders or directions in the Tribunal's decision.

A decision of the Tribunal may be appealed to the High Court.

Important Note

This pamphlet is only a guide to the procedures of the Human Rights Review Tribunal. The Tribunal can always determine its own procedures, and in some cases it may adopt a procedure that is different from that which is outlined in this pamphlet.

Commonly Used Terms

Adjournment: This is where the Tribunal may delay proceedings for any reason but will resume them at a later date.

Appeal: A party who is dissatisfied with the decision of the Tribunal may apply to the High Court to reconsider the matter. This is called an appeal.

Chairperson: This person is a senior lawyer who chairs the hearings and runs the directions conferences to see that the case proceeds to a hearing as soon as it is appropriate and practicable.

Decision: Once a matter has been heard the Tribunal makes a decision. Sometimes the decision is given orally immediately after the hearing. More often it is given in writing and distributed to the parties involved some time after the hearing is completed (when a decision is given orally it will also be given in writing as soon as possible after the hearing).

Defendant: This is the person or organisation against whom a claim is brought.

Directions conference: This is a conference between parties, run by the Chairperson of the Tribunal, after the Statement of Reply to the Statement of Claim has been filed. It is usually a telephone conference. The kinds of things that may be discussed at such a conference are listed in this pamphlet under the heading ‘What happens after Statements of Claim and Reply have been exchanged?'.

Discovery: This is the process of making available to the other side all documents that are or might be relevant to the issues the Tribunal has to decide. It is important that proper disclosure of documents be made before any hearing takes place, so that when the hearing does take place the parties cannot be taken by surprise by documents that they have not seen before.

Plaintiff: This is the person who applies to the Tribunal for a remedy under any of the Acts which confer power on the Tribunal to make orders.

Proceedings: This is sometimes used as another name for the claim. It is also sometimes used to describe the course of events after the initial Statement of Claim has been filed, including the preparatory stages of the case and the hearing itself.

Remedies: These are what the plaintiff seeks on filing the Statement of Claim, and what the Tribunal may order if it finds the complaint is proved. A plaintiff can only ask the Tribunal to grant the remedies that are specifically provided for in the Human Rights Act 1993, the Privacy Act 1993 and/ or the Health and Disability Commissioner Act 1994.

Secretary of the Tribunal: This refers to the person administering the Tribunal from the offices of the Tribunals Unit, Ministry of Justice, District Court Building, Wellington.

Ph: (04) 9188300, Fax: (04) 9188303, PO Box 5027 or DX SP22520

Tribunal Member: One of a panel of up to 20 members appointed by the Governor-General on the recommendation of the Minister of Justice. Tribunal members come from all walks of life. Two members sit with the Chairperson at each hearing.

Statement of Claim: This is the claim that is being made by the plaintiff against the defendant. The document is completed by the person applying to the Tribunal to have a case heard.

Statement of Reply: This is the document prepared by the defendant after the Statement of Claim has been received by the defendant. It is the defendant's response to the matters raised by the plaintiff.

(Revised May 2004)