Van Kessel v Human Rights Commission - [1986] 1 NZLR 628

Practice and procedure — Declaratory judgment — Jurisdiction of Court — Human Rights Commission Act empowered the Equal Opportunities Tribunal to grant a declaration that a defendant had committed a breach of the Act — Whether an aggrieved person was entitled to ask the Court for such a declaration — Whether the Court will grant a declaration when the issue raised in the proceedings is essentially a question of fact — Declaratory Judgments Act 1908, s 3 — Human Rights Commission Act 1977, ss 23 and 38.