sec.34Tribunal may give leave for review to be decided on new evidence in particular circumstances

### sec.34 Tribunal may give leave for review to be decided on new evidence in particular circumstances Despite section 33 , 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. In this section— new evidence means evidence that was not before the commissioner when the decision was made. s 34 sub 1994 No. 59 s 11 amd 1995 No. 50 s 3 sch ; 2001 No. 39 ss 19 , 107 ; 2003 No. 30 s 169 sch 1 ; 2005 No. 14 s 2 sch sub 2009 No. 24 s 622 amd 2010 No. 51 s 24 ; 2012 No. 25 ss 118 , 144 (1) (sec.34-ssec.1) Despite section 33 , 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.34-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. (sec.34-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.