3442 NEW ZEALAND GAZETTE, No. 144 30 SEPTEMBER 2009

amendment, and shall have power to receive such further evidence, if any, as it thinks fit. Except by special leave of the Appeals Tribunal an appellant shall not argue or be permitted to argue any ground of appeal not set out in the notice of appeal.

(5) If the appellant fails to appear at the time fixed for hearing of the appeal the Appeals Tribunal may dismiss the appeal or proceed with the hearing or adjourn it to such time and place and on such conditions (if any) as it thinks fit.

(6) At the hearing of the appeal each party and any other person or body permitted by the Chairperson of the Appeals Tribunal to be heard at the hearing shall be entitled to have representation by Counsel or a lay advocate.

(7) Subject to sub-Rule (8) of this Rule, all appointed members of an Appeals Tribunal shall, if practicable, determine any appeal or matter submitted to that Tribunal, but any two members shall constitute a quorum.

(8) A member of an Appeals Tribunal shall not sit as a member thereof in the hearing and determination of any appeal in which the member is in any manner interested.

1006 (1) An appellant may withdraw his appeal with leave of the Appeals Tribunal and on such terms, including as to payment of costs and expenses, as it sees fit to impose.

(2) Any amount ordered by the Appeals Tribunal to be paid in respect of the costs and expenses in connection with an appeal which is withdrawn shall, if unpaid within 14 days after and exclusive of the date on which that amount was ordered to be paid, be deemed to be Arrears and may be placed in the Arrears List.

POWERS OF APPEALS TRIBUNAL ON APPEAL

1007 (1) In its decision the Appeals Tribunal may:

(a) uphold the finding, order or decision appealed against and dismiss the appeal;

(b) set aside the finding, order or decision appealed against;

(c) amend the finding, order or decision appealed against (within the limits imposed by these Rules);

(d) quash the penalty imposed and either impose any penalty (whether more or less severe) which the Tribunal whose decision is appealed against could have imposed pursuant to the finding, order or decision as so amended or deal with the appellant in any other way in which the Tribunal whose decision is appealed from could have dealt with the appellant on the finding, order or decision as so amended;

(e) impose a penalty if the Tribunal whose decision was appealed against has not imposed a penalty; or

(f) refer any matter back to the original Tribunal for further hearing or consideration or for rehearing.

(2) In the case of an appeal against penalty the Appeals Tribunal may:

(a) confirm the penalty and dismiss the appeal;

(b) if the penalty (either in whole or in part) is one which the Tribunal imposing it had no jurisdiction to impose, or is one which is inadequate or inappropriate or manifestly excessive, either:

(i) quash the penalty and impose such other penalty permitted by these Rules (whether more or less severe) in substitution therefore as the Appeals Tribunal considers ought to have been imposed or deal with the appellant in any other way that such Tribunal could have dealt with him or it on finding the information or charge proved;

(ii) quash any invalid part of the penalty that is separable from the residue; or

(iii) vary, within the limits imposed by these Rules, the penalty or any part of it or any condition imposed in it;

(c) in any case of an appeal against the amount of any sum ordered to be paid, confirm the amount or increase or reduce it within the limits imposed by these Rules;