15BAppeals to Tribunal

15B Appeals to Tribunal

15B Appeals to Tribunal

(1) Any person who is dissatisfied with any of the following decisions of the Commissioner may appeal to the Tribunal against the decision—

(a) a determination under section 5A,

(b) a decision of the Commissioner revoking a determination under section 5A.

Note.

An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.

(2) An appeal is to be dealt with by way of a new hearing. Fresh evidence, or evidence in addition to or substitution for the evidence on which the determination or decision appealed from was based, may, with the leave of the Tribunal, be given on the appeal.

(3) In determining an appeal, the Tribunal may make any of the following orders—

(a) an order confirming the decision on appeal,

(b) an order quashing the decision on appeal, and, in the case of a determination under section 5A, substituting such other determination as the Commissioner could have made on the matter to which the appeal relates,

(c) an order remitting the matter to the Commissioner to be dealt with in accordance with the directions of the Tribunal.

(4) An order that quashes a decision revoking a determination made under section 5A has the effect of reinstating the determination to which the decision relates.

s 15B: Ins 1995 No 64, Sch 1 [16]. Subst 2013 No 95, Sch 3.1 [11].