129GAccess modification decision

129G Access modification decision (1) The Appeals Board may, on application and subject to section 129H, make an access modification decision relating to the building or land specified in the application.

Building Act 1993 108 (2) An access modification decision is a decision that, in the opinion of the Appeals Board, a particular disability access provision: (a) applies to the specified building or specified land without modifications because it does not impose unjustifiable hardship on the applicant; or (b) applies to the specified building or specified land with the modifications recommended by the Board so as to avoid imposing unjustifiable hardship on the applicant; or (c) does not apply to the specified building or specified land because it would impose unjustifiable hardship on the applicant. (3) An access modification decision mentioned in subsection (2)(b) must provide for compliance with the disability access provisions to the maximum extent not involving unjustifiable hardship. (4) For this section, unjustifiable hardship is to be interpreted and applied having due regard to the rights and interests of all relevant parties.