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Social Workers Registration Act 2003

Appeals

93: Court may refer matter back for reconsideration

You could also call this:

"Court can ask for a decision to be thought about again"

Illustration for Social Workers Registration Act 2003

If you appeal a decision under this Part, the District Court can choose not to make a decision right away. Instead, the court can ask the person or group who made the original decision to think about it again. The court will explain why it wants them to reconsider, and can also give other instructions about what to think about. You will have to reconsider the matter, taking into account what the court said and following any instructions the court gave.

When you reconsider, you must think about the court's reasons and follow their directions. The court can give you directions on what to do when you reconsider the matter. This is all part of the appeal process under the Social Workers Registration Act 2003, which was amended by the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190277.

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"The court's decision is final, unless it says otherwise in section 96."

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Part 5Appeals

93Court may refer matter back for reconsideration

  1. Instead of determining an appeal under this Part, the District Court may direct the person or body whose decision or order is appealed against to reconsider, either generally or in respect of any specified aspect, the whole or any part of it.

  2. The court—

  3. must state its reasons for its direction; and
    1. may give any other directions it thinks just as to the matter referred back for reconsideration.

      1. The person or body—

      2. must reconsider the matter; and
        1. in doing so, must—
          1. take the court's reasons into account; and
            1. give effect to the court's directions.

            Notes
            • Section 93(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).