Tribunal may give leave for review to be decided on new evidence in particular circumstances
208 Tribunal may give leave for review to be decided on new evidence in particular circumstances
Despite section 207, the tribunal may grant a party in a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied—
the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and
in the circumstances, it would be unfair not to allow the party to present the new evidence.
If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.
In this section—
new evidence means evidence that was not before the chief executive when the decision was made.
This Act’s bill:Explanatory memorandum
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