sec.254Deciding appeals to tribunal

### sec.254 Deciding appeals to tribunal This section applies to an appeal to a tribunal against a decision. The tribunal must decide the appeal by— confirming the decision; or changing the decision; or replacing the decision with another decision; or setting the decision aside, and ordering the person who made the decision to remake the decision by a stated time; or for a deemed refusal of an application— ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or deciding the application; or for a failure to make a decision about an application or other matter under the Plumbing and Drainage Act 2018 — ordering the entity responsible for deciding the application or matter to decide the application or matter by a stated time and, if the entity does not comply with the order, deciding the application or matter; or deciding the application or matter. However, the tribunal must not make a change, other than a minor change, to a development application. The tribunal’s decision takes the place of the decision appealed against. The tribunal’s decision starts to have effect— if a party does not appeal the decision—at the end of the appeal period for the decision; or if a party appeals against the decision to the P&E Court—subject to the decision of the court, when the appeal ends. s 254 amd 2022 No. 11 s 40 (sec.254-ssec.1) This section applies to an appeal to a tribunal against a decision. (sec.254-ssec.2) The tribunal must decide the appeal by— confirming the decision; or changing the decision; or replacing the decision with another decision; or setting the decision aside, and ordering the person who made the decision to remake the decision by a stated time; or for a deemed refusal of an application— ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or deciding the application; or for a failure to make a decision about an application or other matter under the Plumbing and Drainage Act 2018 — ordering the entity responsible for deciding the application or matter to decide the application or matter by a stated time and, if the entity does not comply with the order, deciding the application or matter; or deciding the application or matter. (sec.254-ssec.3) However, the tribunal must not make a change, other than a minor change, to a development application. (sec.254-ssec.4) The tribunal’s decision takes the place of the decision appealed against. (sec.254-ssec.5) The tribunal’s decision starts to have effect— if a party does not appeal the decision—at the end of the appeal period for the decision; or if a party appeals against the decision to the P&E Court—subject to the decision of the court, when the appeal ends. - (a) confirming the decision; or - (b) changing the decision; or - (c) replacing the decision with another decision; or - (d) setting the decision aside, and ordering the person who made the decision to remake the decision by a stated time; or - (e) for a deemed refusal of an application— (i) ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or (ii) deciding the application; or - (i) ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or - (ii) deciding the application; or - (f) for a failure to make a decision about an application or other matter under the Plumbing and Drainage Act 2018 — (i) ordering the entity responsible for deciding the application or matter to decide the application or matter by a stated time and, if the entity does not comply with the order, deciding the application or matter; or (ii) deciding the application or matter. - (i) ordering the entity responsible for deciding the application or matter to decide the application or matter by a stated time and, if the entity does not comply with the order, deciding the application or matter; or - (ii) deciding the application or matter. - (i) ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or - (ii) deciding the application; or - (i) ordering the entity responsible for deciding the application or matter to decide the application or matter by a stated time and, if the entity does not comply with the order, deciding the application or matter; or - (ii) deciding the application or matter. - (a) if a party does not appeal the decision—at the end of the appeal period for the decision; or - (b) if a party appeals against the decision to the P&E Court—subject to the decision of the court, when the appeal ends.