59EDetermination of appeal

59E Determination of appeal (1) An appeal board: (a) must conduct the appeal as a new hearing of the decision the subject of the appeal; and (b) is not limited to consideration of the information that was available to the Chief Executive Officer who made the decision. (2) The appeal board may: (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision; or (d) set aside the decision and return the matter to the relevant Chief Executive Officer for reconsideration; or (e) set aside the decision and replace it with the appeal board's decision. (3) An appeal board returning a matter under subsection (2)(d) may give to the Chief Executive Officer any directions the board thinks fit as to how the matter is to be dealt with. (4) An appeal board's decision under subsection (2)(e) must be one that could have been made by the relevant Chief Executive Officer when he or she made the original decision. (5) The appeal board must give written notice of its decision and the reasons for it to the appellant and the relevant Chief Executive Officer.