62Tribunal to give notice of decision and provide written reasons on request

#### 62 Tribunal to give notice of decision and provide written reasons on request 62 Tribunal to give notice of decision and provide written reasons on request > > (1) The Tribunal (including when constituted as an Appeal Panel) is to ensure that each party to proceedings is given notice of any decision that it makes in the proceedings. > > > (2) Any party may, within 28 days of being given notice of a decision of the Tribunal, request the Tribunal to provide a written statement of reasons for its decision if a written statement of reasons has not already been provided to the party. The statement must be provided within 28 days after the request is made. > > > (2A) Subsection (2) does not apply to the following decisions of the Tribunal— > > > > > (a) a decision to make an order dispensing with a hearing of the Tribunal under section 50(2), > > > > > (b) a decision to grant an adjournment, > > > > > (c) a decision under section 60 not to award costs, except where a party has argued there are special circumstances warranting an award of costs, > > > > > (d) a decision to award costs in proceedings of either of the following kinds— > > > > > > > (i) proceedings for the exercise of a function of the Consumer and Commercial Division of the Tribunal, > > > > > > > (ii) an internal appeal against a decision of the Consumer and Commercial Division of the Tribunal, > > > > > (e) if the parties have consented to the making of an order—a decision to make the order, > > > > > (f) other minor procedural decisions that do not have a final or determinative impact on the rights of a party. > > > (3) A written statement of reasons for the purposes of this section must set out the following— > > > > > (a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based, > > > > > (b) the Tribunal’s understanding of the applicable law, > > > > > (c) the reasoning processes that lead the Tribunal to the conclusions it made. > > > (4) Nothing in this section prevents the Tribunal from giving oral reasons or a written statement of reasons for a decision it makes even if it has not been requested to do so by a party. > > **s 62:** Ins 2013 No 94, Sch 1 \[25\]. Am 2023 No 22, Sch 1\[7\].