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Building Act 1993
129GAccess modification decision
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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.