Appeals to Land Appeal Court from decisions of tribunal
233 Appeals to Land Appeal Court from decisions of tribunal
A party to a proceeding before the Land Tribunal may—
appeal to the Land Appeal Court against a decision of the tribunal—
that an area of land is or is not claimable land; or
that a claim for an area of claimable land is or is not established on a particular ground; or
to make or not to make a particular recommendation to the Minister in relation to a claim; or
as to the terms of a particular recommendation to the Minister; and
appeal to the Land Appeal Court, with the leave of that court, against any other decision of the tribunal made in or in relation to the proceeding.
If—
a person has applied to be made a party to a proceeding before the Land Tribunal; and
the tribunal decides that the person is not an interested person;
the person may appeal to the Land Appeal Court against the decision.
An interested person who is dissatisfied with a determination of the Land Tribunal under section 283(2)(b) may appeal to the Land Appeal Court.
If the chairperson of the tribunal decides under section 61 that a claim is not duly made, the claimants may appeal to the Land Appeal Court.
An appeal, or application for leave to appeal, under this section must be made in accordance with any applicable rules of court and any regulations made for the purpose of this section.
The Land Appeal Court must hear and determine the appeal, or application for leave to appeal, and may make such order as it considers appropriate.
Without limiting subsection (6), the orders that may be made by the Land Appeal Court on an appeal include—
an order affirming a decision of the Land Tribunal; or
an order varying a decision of the Land Tribunal; or
an order setting aside a decision of the Land Tribunal and—
making a decision in substitution for the decision set aside; or
remitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.
For the purposes of an appeal, the Land Appeal Court may exercise all the powers and discretions conferred on the Land Tribunal.
In this section—Minister means the Minister administering the Land Act.
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