Administrative Decisions Tribunal Act 1997 No 76
Current version for 1 September 2012 to date (accessed 22 May 2013 at 15:57)

61   Restrictions on ordering stay of proceedings

(1)  The Tribunal may not:
(a)  make an order under section 60 unless the administrator who made the decision to which such an order would relate has been given a reasonable opportunity to make submissions in relation to the matter, or
(b)  make an order varying or revoking an order in force under section 60 (including an order as varied) unless the following persons have been given a reasonable opportunity to make submissions in relation to the matter:
(i)  the administrator who made the decision to which such an order would relate,
(ii)  the person who requested the making of the order,
(iii)  if the order has previously been varied by an order or orders under section 60—the person or persons who requested the making of the only, or the later or latest, such order.
(2)  This section does not prevent the Tribunal from making an order under section 60 without giving to any person referred to in that section a reasonable opportunity to make submissions in relation to a matter if the Tribunal is satisfied that, because of the urgency of the case or otherwise, it is not practicable to give the person such an opportunity.
(3)  If an order under this section is made without giving such an opportunity to the administrator who made the decision to which the application relates, the order does not take effect until a notice setting out the terms of the order is served on the administrator.
Top of page