119Effect of failure to determine modification applications—deemed refusals

119 Effect of failure to determine modification applications—deemed refusals

119 Effect of failure to determine modification applications—deemed refusals

(1) For the Act, sections 4.55(6) and 4.56(3), a consent authority is taken to have refused a modification application under the Act, section 4.55(1A) or (2) or 4.56 if the consent authority does not determine the application within 40 days after the modification application is lodged.

(2) A later determination by the consent authority does not prejudice or affect the continuance or determination of a related appeal.

(3) If the consent authority makes a later determination to grant consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have a related appeal withdrawn at any time before the appeal is determined.

(4) The 40-day period specified in subsection (1) ceases to run during the period between the day on which a consent authority requests additional information from an applicant under section 104 and the earlier of—

(a) the day on which the information is given to the consent authority, or

(b) the day on which the applicant gives, or is taken to have given, written notice to the consent authority that the information will not be given.

(5) Subsection (4) applies only if the consent authority’s request is made within 25 days after the day on which the modification application is lodged.

(6) In this section—

related appeal means an appeal under the Act, section 8.9 against a determination taken to have been made under subsection (1).

s 119: Ins 2025 No 71, Sch 2[16] [17].