Evidence
In accordance with section 34(1) of the Liquor Act 1992 an appeal to the Commercial and Consumer Tribunal is by way of a rehearing on the evidence that was before the chief executive when the decision was made.
However, recent amendments to the Liquor Act 2002 allow the Tribunal to grant leave for the appeal to be based on new evidence in particular circumstances – see section 35.
Submissions
All parties are required to file written submissions three (3) days prior to the hearing unless otherwise advised.
Hearing of evidence
The Tribunal will consider the evidence in the appeal book, which would contain the chief executive's statement of reasons and any other evidence which has been relied upon by the chief executive in making his decision as well as the parties' written submissions.
At the hearing of the matter the Tribunal (chairperson or member/s) will usually:
- commence the hearing and seek to clarify the preliminary matters relating to the appeal;
- hear oral submissions from the applicant/s relating to the evidence contained in the appeal book;
- hear submissions from the chief executive or representative and any other respondent/s relating to their evidence;
- give each party the opportunity to respond to or add further comments to the submissions given by the other parties.
Interested persons or objectors are invited to attend the hearing but are not permitted to give evidence.
Any orders or decisions following the hearing will be sent to the parties and will be published on the CCT web site.
Last Updated 12 November 2007.
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