Malaysia legislation
Section 34
Section 34
Re-opening of enquiry
(1)
In any of the circumstances specified in subsection (2), a Land Administrator may re-open any enquiry held under this
Act by himself or any predecessor in office and, where it appears to him just to do so, may vary or set aside any decision or order previously given or made therein:
Provided that no enquiry shall be re-opened under this section—
(i)
at any time after an appeal has been lodged therein as mentioned in section 37, unless the appeal is subsequently withdrawn; or
(ii)
more than three years after the date on which any decision or order therein was first given or made.
(2)
The said circumstances are as follows:
(a)
where fresh evidence of a material nature is available, not being evidence which could, by the exercise of reasonable diligence, have been produced at any earlier hearing;
(b)
where any earlier hearing was conducted in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part.
(3)
A Land Administrator shall record briefly his reasons for re-opening any enquiry under this section.