[3] Complaints may be bought by the Director of Human Rights or where it is deemed not appropriate to do so, a citizen may proceed with a claim at their own cost.
The tribunal has the power to grant a wide range of remedies and in making a determination, is not required to give effect to technicalities but rather, the substantial merits of the case.
The Health and Disability Commissioner Act 1994 sets out the standards expected of health care providers in areas such as respecting patient privacy, ensuring services comply with relevant legal, ethical or other professional standards, and providing full information.
Sittings of the Human Rights Review Tribunal are held at such times and places as directed by the Chairperson.
The tribunal, unlike a court, must act according to the substantial merits of the case and not be bound by technicalities.
Such a declaration has wide reaching repercussions and requires for the executive to place more emphasis on human rights in the creation of legislation.
The other significant feature of the tribunal is that its decisions can carry substantial political and societal implications which in term reflects its important role and function within the New Zealand legal system.
The minimal costs means that barriers to enforcement of human rights are minimised allowing access to justice.
Further the costs may be covered by the Director of Human Rights Proceedings should the case be undertaken on behalf of the claimant.
Should a claimant succeed on the merits of their case the Tribunal has the power to award their costs to be paid by the defendant.