sec.36BPowers of appeal court on appeal

### sec.36B Powers of appeal court on appeal In deciding an appeal against a reviewed decision, the appeal court— has the same powers as the person who made the original decision; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers. An appeal is by way of rehearing. The appeal court may— confirm the reviewed decision; or set aside the reviewed decision and substitute another decision that it considers appropriate; or set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate. s 36B ins 1997 No. 66 s 138 (sec.36B-ssec.1) In deciding an appeal against a reviewed decision, the appeal court— has the same powers as the person who made the original decision; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers. (sec.36B-ssec.2) An appeal is by way of rehearing. (sec.36B-ssec.3) The appeal court may— confirm the reviewed decision; or set aside the reviewed decision and substitute another decision that it considers appropriate; or set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate. - (a) has the same powers as the person who made the original decision; and - (b) is not bound by the rules of evidence; and - (c) must comply with natural justice; and - (d) may hear the appeal in court or in chambers. - (a) confirm the reviewed decision; or - (b) set aside the reviewed decision and substitute another decision that it considers appropriate; or - (c) set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate.