sec.32Tribunal may give leave for review to be decided on new evidence in particular circumstances

### sec.32 Tribunal may give leave for review to be decided on new evidence in particular circumstances Despite section 31 , the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (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 commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the commissioner. In this section— new evidence means evidence that was not before the commissioner when the decision was made. s 32 prev s 32 om 1997 No. 24 s 61 sch pres s 32 ins 1999 No. 77 s 7 amd 2002 No. 43 s 36 ; 2003 No. 41 s 5 ; 2004 No. 21 s 33 sub 2009 No. 24 s 559 amd 2012 No. 25 ss 42 , 109 (1) (sec.32-ssec.1) Despite section 31 , the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (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. (sec.32-ssec.2) If the tribunal gives leave under subsection (1) , the tribunal must— adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the commissioner. (sec.32-ssec.3) In this section— new evidence means evidence that was not before the commissioner when the decision was made. - (a) 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 - (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. - (a) adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or - (b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the commissioner.