6Meaning of “decision”

#### 6 Meaning of “decision” 6 Meaning of “decision” > > (1) General meaning A decision includes any of the following: > > > > > (a) making, suspending, revoking or refusing to make an order or determination, > > > > > (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission, > > > > > (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument, > > > > > (d) imposing a condition or restriction, > > > > > (e) making a declaration, demand or requirement, > > > > > (f) retaining, or refusing to deliver up, an article, > > > > > (g) doing or refusing to do any other act or thing. > > > (2) Decision made under enabling legislation For the purposes of this Act, a decision is made under enabling legislation if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enabling legislation. > > > (3) Decisions made without power For the purposes of this Act (and without limiting subsection (2)), a decision that purports to be made under enabling legislation is taken to be a decision made under the enabling legislation even if the decision was beyond the power of the decision-maker to make it. > > > (4) Failure to make decision on basis that beyond power For the purposes of this Act (and without limiting subsection (2)), a refusal of a decision-maker to make a decision under enabling legislation because the decision-maker considers that the decision concerned cannot lawfully be made under the enabling legislation is taken to be a decision made under the enabling legislation to refuse to make the decision requested. > > > (5) Failure to make a timely decision taken to be failure to make a decision For the purposes of this Act, a failure by a decision-maker to make a decision within the period specified by the enabling legislation concerned for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision. > > **s 6:** Am 2013 No 94, Sch 2.2 \[9\].