Definitions
Words and terms that are often used by the Human Rights Review Tribunal.
Words and terms that are often used by the Human Rights Review Tribunal.
- Adjournment
- Where the Tribunal delays proceedings to resume at a later date.
- Appeal
- When a party who is dissatisfied with the Tribunal's decision applies to the High Court to reconsider the matter.
- Chairperson
- A senior lawyer who chairs the hearings and runs the directions conferences to see that the case proceeds to a hearing as soon as is appropriate and practicable.
- Decision
- Once a matter has been heard the Tribunal makes a decision. Sometimes the decision is given orally straight after the hearing. More often it is given in writing and distributed to the parties some time after the hearing. When a decision is given orally, it will also be given in writing as soon as possible after the hearing.
- Defendant
- A person or organisation against whom a claim is brought.
- Directions conference
- 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 phone conference.
- Discovery
- The process of making available to the other side all documents that are relevant to the issues the Tribunal has to decide. It's important that all documents are made available before any hearing takes place, so that when the hearing takes place no party is surprised by documents they haven't seen before.
- Plaintiff
- The person who applies to the Tribunal for a remedy under any of the Acts that confer power on the Tribunal.
- 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
- What the plaintiff seeks in their 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
- The person administering the Tribunal from the offices of the Tribunals Unit, Ministry of Justice, Level 1, 86 Customhouse Quay, Wellington.
- 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
- The claim 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
- 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.
