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authority is entitled, with the consent of the applicant and without prejudice to costs, to have a related appeal withdrawn at any time before the appeal is determined.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\[16\] \[17\].