82Modification of requirement to give reasons

#### 82 Modification of requirement to give reasons 82 Modification of requirement to give reasons > > (1) Section 49 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) does not apply to a decision to impose or amend a building product use ban. > > > > Note. > > > > Section 49 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) requires an administrator to provide, on request by an interested person, a statement of reasons for a reviewable decision. The Secretary is already required by this Act to provide the Secretary’s reasons for imposing or amending a building product use ban when notice of the ban or amendment is published. > > > (2) If the Tribunal considers that the statement of reasons for imposing or amending a building product use ban, as set out in the notice of the ban or amendment, is not an adequate statement of reasons, the Tribunal may (on the application of an interested person) order the Secretary to provide an adequate statement of reasons or further particulars of the reasons for the decision within such time as may be specified in the order. > > > (3) For the purposes of this section, a statement of reasons for imposing or amending a building product use ban is adequate only if it sets out the following— > > > > > (a) the findings of the Secretary that led the Secretary to impose or amend the building product use ban, > > > > > (b) the evidence or other material on which those findings were based, > > > > > (c) the reasoning process that led the Secretary to those findings. > > > (4) In this section— > > > > interested person means a person who is entitled to apply for an administrative review of a decision to impose or amend a building product use ban.