77A

Appeal decision

In force

(1)

In deciding an appeal, the court must decide (the appeal decision) to do 1 of the following for the regional interests decision appealed against—

(a)

confirm it;

(b)

change it;

(c)

set it aside and—

(i)

make a decision replacing it; or

(ii)

return the matter to the entity that made the decision appealed against with directions the court considers appropriate.

(2)

The appeal decision may also include other orders, declarations or directions the court considers appropriate.

(3)

The appeal decision, other than to the extent it is an excluded decision, is taken, for this Act (other than this part), to have been made by the entity that made the decision appealed against.

(4)

An excluded decision is a decision—

(a)

to confirm the decision appealed against; or

(b)

to return the matter as mentioned in subsection (1)(c)(ii).

This Act’s bill:Explanatory memorandum Second reading speech

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