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HUMAN RIGHTS ACT 2019 - SECT 59
Legal proceedings
59 Legal proceedings
(1) Subsection (2) applies if a person may seek any relief or remedy in
relation to an act or decision of a public entity on the ground that the act
or decision was, other than because of section 58 , unlawful.
(2) The person
may seek the relief or remedy mentioned in subsection (1) on the ground of
unlawfulness arising under section 58 , even if the person may not be
successful in obtaining the relief or remedy on the ground mentioned in
subsection (1) .
(3) However, the person is not entitled to be awarded
damages on the ground of unlawfulness arising under section 58 .
(4) This
section does not affect a right a person has, other than under this Act, to
seek any relief or remedy in relation to an act or decision of a
public entity, including— (a) a right to seek judicial review under the
Judicial Review Act 1991 or the Uniform Civil Procedure Rules 1999 ; and
(b)
a right to seek a declaration of unlawfulness and associated relief including
an injunction, a stay of proceedings or an exclusion of evidence.
(5) A
person may seek relief or remedy on a ground of unlawfulness arising under
section 58 only under this section.
(6) Nothing in this section affects a
right a person may have to damages apart from the operation of this section.
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