Judicial Review Procedure Act 2016

17 Court may direct reconsideration of matter to which statutory power of decision relates

(1)

This section applies if the court is satisfied that an applicant who has filed an application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision is entitled to relief under section 16.

(2)

The court may make a direction under subsection (3) in addition to or instead of granting any relief under section 16.

(3)

The court may direct any person whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates.

(4)

In giving a direction to any person under subsection (3), the court must—

(a)

advise the person of the reasons for the direction; and

(b)

give the person such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

(5)

If the court makes a direction under subsection (3), it may make an interim order under section 15, and that section applies so far as it is applicable and with all necessary modifications.

(6)

If a matter is referred back to any person under subsection (3),—

(a)

the act or omission that is to be reconsidered continues to have effect (subject to any interim order) unless and until it is revoked or amended by that person:

(b)

the person has jurisdiction to reconsider and determine the matter in accordance with the court’s directions despite anything in any other enactment:

(c)

the person must have regard to—

(i)

the court’s reasons for giving the direction; and

(ii)

the court’s directions.

Compare: 1972 No 130 s 4(5), (6)