6Appeals

6 Appeals

(1)  An appeal under section 22 of the Act is to be instituted by a notice of appeal in accordance with Form 1 in Schedule 1 .

(2)  On the hearing of such an appeal, evidence and matters not raised before a Commissioner may only be admitted by leave of the Full Bench hearing the appeal.

(3)  A Full Bench may determine whether it is to hear both evidence and argument in respect of the appeal.

(4)  On the hearing of the appeal, a Full Bench –

(a) is to act according to equity, good conscience and the merits of the matter without regard to technicalities or legal forms; and

(b) may direct itself by the best evidence it can obtain, whether that evidence is admissible in a court or not.

(5)  On the hearing of the appeal, a Full Bench is to consider any reason given by a Commissioner for any determination.

(6)  The provisions of sections 16 , 22 , 23 , 25 , 26 and 27 of the Commissions of Inquiry Act 1995 apply in an appeal before the Full Bench as if –

(a) a reference to the Commission in those provisions were a reference to the Full Bench; and

(b) a reference to a Commissioner in those provisions were a reference to a member of the Full Bench.