sec.255Tribunal may give leave for review to be decided on new evidence in particular circumstances

sec.255 Tribunal may give leave for review to be decided on new evidence in particular circumstances

Despite section 254 , the tribunal may grant a party to 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. s 255 sub 2009 No. 24 s 589 (sec.255-ssec.1) Despite section 254 , the tribunal may grant a party to 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. (sec.255-ssec.2) 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. (sec.255-ssec.3) In this section— new evidence means evidence that was not before the chief executive 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.