sec.521Procedure for review

### sec.521 Procedure for review A dissatisfied person may apply for a review of an original decision. The application must— be made in the approved form to the administering authority within the following period (the review application period )— 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision (the review date ); the longer period the authority in special circumstances allows; and be supported by enough information to enable the authority to decide the application. The administering authority must, within 5 business days after the end of the review application period or, if 2 or more applications are received in relation to the original decision, the end of the latest of the review application periods, send the following documents to the other persons who were given notice under this Act of the original decision— notice of the application (the review notice ); either— a copy of the application and supporting documents; or details of where a copy of the application and supporting documents may be inspected or accessed. The review notice must inform the recipient that submissions on the application may be made to the administering authority within 5 business days (the submission period ) after the day the authority sends the review notice to the recipient. If the administering authority receives only 1 application in relation to the original decision and is satisfied the applicant has complied with subsection (2) , the authority must, within the decision period— review the original decision; and consider any submissions properly made by a recipient of the review notice; and make a decision (the review decision ) to— confirm or revoke the original decision; or vary the original decision in a way the administering authority considers appropriate. If the administering authority receives 2 or more applications in relation to the original decision and is satisfied the applicants have complied with subsection (2) , the authority must, within the decision period— review the original decision; and consider any submissions properly made by a recipient of any of the review notices; and make 1 decision (also the review decision ) in relation to the applications to— confirm or revoke the original decision; or vary the original decision in a way the administering authority considers appropriate. The application does not stay the original decision. See part 3 , division 4 in relation to stays. The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision. Within 10 business days after making the review decision, the administering authority must give written notice of the decision to the applicant and persons who were given notice under this Act of the original decision. The notice must— include the reasons for the review decision; and inform the persons of their right of appeal against the decision. If the administering authority does not comply with subsection (5) , (6) or (9) , the authority is taken to have made a decision confirming the original decision. Subsection (8) applies despite the Acts Interpretation Act 1954 , section 27A . This section does not apply to an original decision made by— for a matter, the administration and enforcement of which has been devolved to a local government—the local government itself or the chief executive officer of the local government personally; or for another matter—the chief executive personally. Also, this section does not apply to an original decision to issue an environmental enforcement order under section 362 (2) (a) . In this section— decision period , for a review of an original decision, means— if only 1 application is received in relation to the original decision and a submission is received within the submission period— 20 business days after the administering authority receives the application; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if only 1 application is received in relation to the original decision and no submissions are received within the submission period— 15 business days after the administering authority receives the application; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if 2 or more applications are received in relation to the original decision and a submission is received within the submission period for at least 1 of the applications— 20 business days after the administering authority receives the latest of the applications; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if 2 or more applications are received in relation to the original decision and no submissions are received within the submission period for any of the applications— 15 business days after the administering authority receives the latest of the applications; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides. s 521 amd 1996 No. 10 s 19 ; 2002 No. 45 s 3 (2) sch ; 2008 No. 52 s 58 ; 2012 No. 16 s 41 ; 2020 No. 26 s 84 ; 2024 No. 30 s 61 sch 1 (sec.521-ssec.1) A dissatisfied person may apply for a review of an original decision. (sec.521-ssec.2) The application must— be made in the approved form to the administering authority within the following period (the review application period )— 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision (the review date ); the longer period the authority in special circumstances allows; and be supported by enough information to enable the authority to decide the application. (sec.521-ssec.3) The administering authority must, within 5 business days after the end of the review application period or, if 2 or more applications are received in relation to the original decision, the end of the latest of the review application periods, send the following documents to the other persons who were given notice under this Act of the original decision— notice of the application (the review notice ); either— a copy of the application and supporting documents; or details of where a copy of the application and supporting documents may be inspected or accessed. (sec.521-ssec.4) The review notice must inform the recipient that submissions on the application may be made to the administering authority within 5 business days (the submission period ) after the day the authority sends the review notice to the recipient. (sec.521-ssec.5) If the administering authority receives only 1 application in relation to the original decision and is satisfied the applicant has complied with subsection (2) , the authority must, within the decision period— review the original decision; and consider any submissions properly made by a recipient of the review notice; and make a decision (the review decision ) to— confirm or revoke the original decision; or vary the original decision in a way the administering authority considers appropriate. (sec.521-ssec.6) If the administering authority receives 2 or more applications in relation to the original decision and is satisfied the applicants have complied with subsection (2) , the authority must, within the decision period— review the original decision; and consider any submissions properly made by a recipient of any of the review notices; and make 1 decision (also the review decision ) in relation to the applications to— confirm or revoke the original decision; or vary the original decision in a way the administering authority considers appropriate. (sec.521-ssec.7) The application does not stay the original decision. See part 3 , division 4 in relation to stays. (sec.521-ssec.8) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision. (sec.521-ssec.9) Within 10 business days after making the review decision, the administering authority must give written notice of the decision to the applicant and persons who were given notice under this Act of the original decision. (sec.521-ssec.10) The notice must— include the reasons for the review decision; and inform the persons of their right of appeal against the decision. (sec.521-ssec.11) If the administering authority does not comply with subsection (5) , (6) or (9) , the authority is taken to have made a decision confirming the original decision. (sec.521-ssec.12) Subsection (8) applies despite the Acts Interpretation Act 1954 , section 27A . (sec.521-ssec.13) This section does not apply to an original decision made by— for a matter, the administration and enforcement of which has been devolved to a local government—the local government itself or the chief executive officer of the local government personally; or for another matter—the chief executive personally. (sec.521-ssec.14) Also, this section does not apply to an original decision to issue an environmental enforcement order under section 362 (2) (a) . (sec.521-ssec.15) In this section— decision period , for a review of an original decision, means— if only 1 application is received in relation to the original decision and a submission is received within the submission period— 20 business days after the administering authority receives the application; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if only 1 application is received in relation to the original decision and no submissions are received within the submission period— 15 business days after the administering authority receives the application; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if 2 or more applications are received in relation to the original decision and a submission is received within the submission period for at least 1 of the applications— 20 business days after the administering authority receives the latest of the applications; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or if 2 or more applications are received in relation to the original decision and no submissions are received within the submission period for any of the applications— 15 business days after the administering authority receives the latest of the applications; or the longer period, of not more than 5 additional business days, the authority in special circumstances decides. - (a) be made in the approved form to the administering authority within the following period (the review application period )— (i) 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision (the review date ); (ii) the longer period the authority in special circumstances allows; and - (i) 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision (the review date ); - (ii) the longer period the authority in special circumstances allows; and - (b) be supported by enough information to enable the authority to decide the application. - (i) 10 business days after the day on which the person receives notice of the original decision or the administering authority is taken to have made the decision (the review date ); - (ii) the longer period the authority in special circumstances allows; and - (a) notice of the application (the review notice ); - (b) either— (i) a copy of the application and supporting documents; or (ii) details of where a copy of the application and supporting documents may be inspected or accessed. - (i) a copy of the application and supporting documents; or - (ii) details of where a copy of the application and supporting documents may be inspected or accessed. - (i) a copy of the application and supporting documents; or - (ii) details of where a copy of the application and supporting documents may be inspected or accessed. - (a) review the original decision; and - (b) consider any submissions properly made by a recipient of the review notice; and - (c) make a decision (the review decision ) to— (i) confirm or revoke the original decision; or (ii) vary the original decision in a way the administering authority considers appropriate. - (i) confirm or revoke the original decision; or - (ii) vary the original decision in a way the administering authority considers appropriate. - (i) confirm or revoke the original decision; or - (ii) vary the original decision in a way the administering authority considers appropriate. - (a) review the original decision; and - (b) consider any submissions properly made by a recipient of any of the review notices; and - (c) make 1 decision (also the review decision ) in relation to the applications to— (i) confirm or revoke the original decision; or (ii) vary the original decision in a way the administering authority considers appropriate. - (i) confirm or revoke the original decision; or - (ii) vary the original decision in a way the administering authority considers appropriate. - (i) confirm or revoke the original decision; or - (ii) vary the original decision in a way the administering authority considers appropriate. - (a) the person who made the original decision; or - (b) a person in a less senior office than the person who made the original decision. - (a) include the reasons for the review decision; and - (b) inform the persons of their right of appeal against the decision. - (a) for a matter, the administration and enforcement of which has been devolved to a local government—the local government itself or the chief executive officer of the local government personally; or - (b) for another matter—the chief executive personally. - (a) if only 1 application is received in relation to the original decision and a submission is received within the submission period— (i) 20 business days after the administering authority receives the application; or (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 20 business days after the administering authority receives the application; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (b) if only 1 application is received in relation to the original decision and no submissions are received within the submission period— (i) 15 business days after the administering authority receives the application; or (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 15 business days after the administering authority receives the application; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (c) if 2 or more applications are received in relation to the original decision and a submission is received within the submission period for at least 1 of the applications— (i) 20 business days after the administering authority receives the latest of the applications; or (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 20 business days after the administering authority receives the latest of the applications; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (d) if 2 or more applications are received in relation to the original decision and no submissions are received within the submission period for any of the applications— (i) 15 business days after the administering authority receives the latest of the applications; or (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides. - (i) 15 business days after the administering authority receives the latest of the applications; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides. - (i) 20 business days after the administering authority receives the application; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 15 business days after the administering authority receives the application; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 20 business days after the administering authority receives the latest of the applications; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides; or - (i) 15 business days after the administering authority receives the latest of the applications; or - (ii) the longer period, of not more than 5 additional business days, the authority in special circumstances decides.