21Adjudication procedures

#### 21 Adjudication procedures 21 Adjudication procedures > > (1) An adjudicator is not to determine an adjudication application until after the end of the period within which the respondent may lodge an adjudication response. > > > (2) An adjudicator is not to consider an adjudication response unless it was made before the end of the period within which the respondent may lodge such a response. > > > (3) Subject to subsections (1) and (2), an adjudicator is to determine an adjudication application as expeditiously as possible and, in any case— > > > > > (a) within 10 business days after— > > > > > > > (i) if the respondent is entitled to lodge an adjudication response under section 20—the date on which the respondent lodges the response or, if a response is not lodged, the end of the period within which the respondent was entitled to lodge a response, or > > > > > > > (ii) in any other case—the date on which notice of the adjudicator’s acceptance of the application is served on the claimant and the respondent, or > > > > > (b) within such further time as the claimant and the respondent may agree. > > > (4) For the purposes of any proceedings conducted to determine an adjudication application, an adjudicator— > > > > > (a) may request further written submissions from either party and must give the other party an opportunity to comment on those submissions, and > > > > > (b) may set deadlines for further submissions and comments by the parties, and > > > > > (c) may call a conference of the parties, and > > > > > (d) may carry out an inspection of any matter to which the claim relates. > > > (4A) If any such conference is called, it is to be conducted informally and the parties are not entitled to any legal representation. > > > (5) The adjudicator’s power to determine an adjudication application is not affected by the failure of either or both of the parties to make a submission or comment within time or to comply with the adjudicator’s call for a conference of the parties. > > **s 21:** Am 2002 No 133, Sch 1 \[33\]; 2018 No 78, Sch 1\[18\].