Court Judgement 01032021 Cases - Appeal 20-034 · 132010.105.01

36.    The Decision Notice was issued by the Respondent on or about 29 October 2020. At
       that time, the PA was in force.

37.    The Appellant filed a Form 10 – Notice of Appeal / Application for Declaration on or about
       9 November 2020.

38.    The appeal is a PA appeal, commenced after 3 July 2017 under section 229 of the PA.
       As such, the appeal is to be heard and determined under the PA.

39.    This is an appeal by the Appellant, the recipient of the Decision Notice and accordingly,
       the Appellant must establish that the appeal should be upheld.4

40.    The Tribunal is required to hear and decide the appeal by way of a reconsideration of the
       evidence that was before the Respondent which decided to give the Decision Notice the
       subject of this appeal.5

41.    The Tribunal may (but need not) consider other evidence presented by a party with leave
       of the Tribunal6.

42.    The PA provides the Tribunal with broad powers to inform itself in the way it considers
       appropriate when conducting a tribunal proceeding and the Tribunal may seek the views
       of any person7.

43.    The Tribunal may consider other information that the Registrar asks a person to give to
       the Tribunal.8

44.    The Tribunal is required to decide the appeal in one of the following ways set out in section
       254(2) of the PA:

         (d)       confirming the decision; or

         (e)       changing the decision; or

         (f)       replacing the decision with another decision; or

         (g)       setting the decision aside and ordering the person who made the decision to
                   remake the decision by a stated time; or

         (h)       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.

Material Considered
45.    The material considered in arriving at this decision comprises:

       (a)     ‘Form 10 – Appeal Notice’, grounds for appeal and correspondence accompanying
               the appeal lodged with the Development Tribunals Registrar on or about 29 October
               2020.



4
  Section 253(2) of the PA.
5
  Section 253(4) of the PA.
6
  Section 253(5)(a) of the PA.
7
  Section 249 of the PA.
8
  Section 253 and section 246 of the PA.




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