If you are thinking of making a claim at the Human Rights Review Tribunal, talk to a lawyer first.
A lawyer can talk to you about how civil litigation works, how likely your case is to succeed, and what you would need to do.
If you decide to take your complaint to the Human Rights Review Tribunal, you may be able to get a free lawyer to represent you from the Office of Human Rights Proceedings.
You may be able to get a free lawyer from the Office of Human Rights Proceedings if you:
The Office of Human Rights Proceedings is an independent part of the Human Rights Commission. Their lawyers specialise in human rights cases and can represent you for free in Human Rights Review Tribunal hearings.
Not everyone who applies for free legal representation from the Office of Human Rights Proceedings will get it.
If you are taking a complaint to the Human Rights Review Tribunal because mediation through the Human Rights Commission did not work, you can download an application form and information sheet from the Office of Human Rights Proceedings website.
To download the form, go to the Office of Human Rights Proceedings websiteopen_in_new, scroll down to ‘Apply for representation’ and click on the ‘Download’ button.
If the Privacy Commissioner has referred your complaint to the Office of Human Rights Proceedings, you will not need to fill out an application form for free legal representation.
Free legal representation from the Office of Human Rights Proceedings is not available if your complaint is about a health or disability service.
If you are unable to get a lawyer for free from the Office of Human Rights Proceedings and you cannot afford a lawyer, you may be eligible for legal aid.
Find a legal aid lawyer who specialises in advice for survivorsopen_in_new
Your lawyer will be able to let you know if you can get legal aid. Learn more about legal advice and support you can access.
How you apply depends on whether your complaint is about a breach of:
You do not have pay any filing fees or hearing fees.
If your complaint is about a breach of the Human Rights Act, you or your lawyer will need to complete this form -
Statement of Claim – Human Rights Act 1993open_in_new
The Tribunal will also want to see evidence that you have already tried to have your complaint resolved by the Human Rights Commission.
If your complaint is about a breach of the Privacy Act, you or your lawyer will need to complete this form -
Statement of Claim – Privacy Act 2020open_in_new
They will also want to see:
You will have to file your complaint with the Human Rights Tribunal within six months of the date on the Section 98 notice.
If your complaint is about a breach of the HDC Act, and the Director of Proceedings has referred your case to the Human Rights Review Tribunal, you do not have to complete an application form.
If the Director of Proceedings did not refer your case to the Human Rights Tribunal, or the HDC did not refer your case to the Director of Proceedings, you or your lawyer will need to complete this form -
Statement of Claim – Health and Disability Commissioner Act 1994open_in_new
Find out more about on how to apply to the HRRTopen_in_new
If the tribunal finds that your rights have been interfered with or breached, they can order the defendant (the person or organisation your complaint is about) to:
make an apology
stop or correct the breach (if it is not historic)
provide training
pay compensation and / or
pay your legal costs.
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