Referral of questions of law within tribunal
77 Referral of questions of law within tribunal
This section applies if a tribunal (the requesting tribunal) is dealing with an application.
However, this section does not apply to an application for review of a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023.
The requesting tribunal may, on its own initiative or on application by a party, ask the president to allocate 1 or more tribunal members to a tribunal (the ruling tribunal) to give a ruling on a question of law.
If the ruling tribunal gives a ruling on a question of law, the requesting tribunal is bound by the ruling.
Question of law includes whether a question is a question of law (see dict).
A ruling tribunal is made up of 1 or more of the following tribunal members allocated by the president:
a presidential member;
a senior member who is a lawyer and has been a lawyer for 5 years or more.
However, a ruling tribunal must not contain a tribunal member allocated to the requesting tribunal.
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