41DHuman rights complaints

41D Human rights complaints (1) A person may complain to the commission about a public authority (a human rights complaint) if the person believes the public authority has acted in contravention of the Human Rights Act 2004, section 40B (Public authorities must act consistently with human rights). (2) However, the person must not make a human rights complaint unless the person— (a) has made a complaint to the relevant person about the contravention claimed; and (b) either— (i) has not received a response to the complaint within 45 days after making the complaint; or (ii) has received a response they consider to be inadequate. (3) The commission may accept a person’s human rights complaint without requiring the person to comply with subsection (2) if— (a) the person makes another complaint under this Act in relation to— (i) the same act that constitutes the contravention claimed; or (ii) substantially the same circumstances or subject matter of the contravention claimed; or (b) the commission is satisfied on reasonable grounds that exceptional circumstances justify accepting the person’s human rights complaint. relevant person, for a complaint under subsection (2) (a), means the person who would be a respondent if the complaint was a human rights complaint.