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Health Practitioners Competence Assurance Act 2003

5: Appeals

111   Court may refer matter back for reconsideration




    111 Court may refer matter back for reconsideration

  (1)  Instead of determining an appeal under this Part, the appropriate court
may direct the authority or Tribunal whose decision or order is appealed
against to reconsider, either generally or in respect of any specified aspect,
the whole or any part of the decision or order.

  (2)  In giving a direction under subsection (1), the court---

      (a)  must state its reasons for the direction; and

      (b)  may give any other directions it thinks just as to the matter
referred back for reconsideration.

  (3)  The person or body whose decision or order is appealed against---

      (a)  must reconsider the matter; and

      (b)  in doing so, must---

          (i)     take the court's reasons into account; and

          (ii)    give effect to the court's directions.
Compare: 1995 No 95 s 119

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