UNIFORM CIVIL PROCEDURE RULES 2005 - REG 59.9 Special procedure where public authority is defendant

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 59.9

59.9 Special procedure where public authority is defendant

(1) This rule applies to proceedings for judicial review in which relief is sought in relation to a decision of a public authority.

(2) The plaintiff may, within 21 days of commencing proceedings against a public authority or within such other time as the court may direct, serve on the public authority a notice requiring the public authority to provide to the plaintiff--

(a) a copy of the decision, and

(b) a statement of reasons for the decision.

(3) A statement of reasons for the decision must--

(a) set out findings on material questions of fact, and

(b) refer to the evidence or other material on which those findings were based, and

(c) explain why the decision was made.

(4) If--

(a) the public authority does not comply with a notice under this rule within 14 days of service, or

(b) the plaintiff has not served a notice within the time prescribed by subrule (2),

the plaintiff may apply to the court for an order that the public authority provide the plaintiff with a copy of the decision and a statement of reasons for the decision.