77Commissioner must decide premises not suitable in

77 Commissioner must decide premises not suitable in some circumstances (1) The commissioner must decide that premises are not suitable premises for a licence or permit if— (a) the premises do not comply with the requirements of— (i) this Act; or (ii) the Building Act 2004; or (iii) the Planning Act 2023; or (b) use of the premises in accordance with the licence or permit would not be within the purpose of the lease for the land on which the premises are located; or (c) if a risk-assessment management plan is required under section 25 (Licence—application), section 50 (Permit— application), or section 79 (Commissioner may require plan etc for premises)—the commissioner does not approve the risk-assessment management plan. Note The commissioner approves risk-assessment management plans under s 90.

(2) However, the commissioner may decide that the premises are suitable premises for the licence or permit if satisfied that, in all the circumstances, it would be unreasonable to find the premises unsuitable.