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Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Appeal from decisions

337: Appeal authority may refer matter back for reconsideration

You could also call this:

“The people who decide appeals can ask the first decision-maker to think about their choice again and give them instructions on how to do it.”

When you appeal a decision, the appeal authority can choose not to make a final decision themselves. Instead, they can tell the original decision-maker to look at their decision again. This could be for the whole decision or just part of it.

If the appeal authority does this, they have to explain why they’re asking for a new look at the decision. They can also give other instructions about how to reconsider the decision if they think it’s fair.

The original decision-maker must then look at the decision again. When they do this, they have to think about the reasons the appeal authority gave for asking them to reconsider. They also have to follow any instructions the appeal authority gave them about how to reconsider the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308664.

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336: Appeal authority's decision final, or

“The final say on the appeal belongs to the appeal authority, with one exception.”

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“The appeal authority can decide who pays for the costs of an appeal.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Appeal from decisions

337Appeal authority may refer matter back for reconsideration

  1. Instead of determining an appeal under this subpart, the appeal authority may direct the decision-maker to reconsider, either generally or in respect of any specified aspect, the whole or any part of the decision or action.

  2. In giving a direction under subsection (1), the appeal authority—

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

      1. The decision-maker—

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