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Weights and Measures Act 1987

Administration - Accredited persons

30H: Court may refer appeals back for reconsideration

You could also call this:

“Court can ask someone to look at an appeal again”

If you appeal a decision about accredited persons under the Weights and Measures Act 1987, a District Court Judge can choose to send the appeal back to the Secretary for another look instead of deciding on it themselves. This is called referring the appeal back for reconsideration.

When the judge does this, they must tell the Secretary why they’re sending it back and give directions on what to reconsider. The judge can ask for the whole matter or just part of it to be looked at again.

The Secretary must then think about the appeal again, keeping in mind the reasons the judge gave for sending it back and following any specific instructions the judge provided.

This process allows for a more thorough review of the original decision if the judge thinks it’s needed, rather than making an immediate ruling on the appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102931.

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Part 5 Administration
Accredited persons

30HCourt may refer appeals back for reconsideration

  1. Notwithstanding anything in section 30G, a District Court Judge may, in any case, instead of determining any appeal under that section, direct the Secretary to reconsider, either generally or in respect of any specified matters, the whole or any part of the matter to which the appeal relates.

  2. In giving any direction under this section, the District Court Judge shall—

  3. advise the Secretary of the Judge's reasons for doing so; and
    1. give to the Secretary such directions as the Judge thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

      1. In reconsidering the matter so referred back, the Secretary shall have regard to the District Court Judge's reasons for giving a direction under subsection (1), and to the Judge's directions under subsection (2).

      Notes
      • Section 30H: inserted, on , by section 13 of the Weights and Measures Amendment Act 1991 (1991 No 9).