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Manufactured Homes (Residential Parks) Act 2003
sec.84When proposal takes effect
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### sec.84 When proposal takes effect
This section sets out the way of working out when a proposal takes effect.
If no objections are made to the proposal or the number of objections made to the proposal is not enough to require the setting up of a park liaison committee, the proposal takes effect—
at the end of the objection closing day for the proposal; or
if a later day is stated in the proposal—on the later day.
If non-resolution notices about the proposal are given to each of the objectors and no application is made under section 82 (2) to refer a dispute about the proposal to mediation, the proposal takes effect—
7 days after the day the last of the objectors receives a non-resolution notice; or
if a later day is stated in the proposal—on the later day.
If—
a decision is made by a park liaison committee—
declaring the proposal to be reasonable; or
changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and
no application is made under section 82 (3) to refer a dispute about the proposal decision to mediation;
the proposal, or the proposal as changed, takes effect on the day decided by the park liaison committee.
If a dispute about a proposal or a proposal decision for a proposal is referred to mediation under section 82 (2) or (3) , the proposal takes effect—
if mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or
if the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.
If the tribunal decides the proposal is reasonable or changes the proposal in a way the tribunal considers appropriate to make it reasonable, the proposal takes effect on the day decided by the tribunal.
s 84 amd 2017 No. 42 s 42
(sec.84-ssec.1) This section sets out the way of working out when a proposal takes effect.
(sec.84-ssec.2) If no objections are made to the proposal or the number of objections made to the proposal is not enough to require the setting up of a park liaison committee, the proposal takes effect— at the end of the objection closing day for the proposal; or if a later day is stated in the proposal—on the later day.
(sec.84-ssec.3) If non-resolution notices about the proposal are given to each of the objectors and no application is made under section 82 (2) to refer a dispute about the proposal to mediation, the proposal takes effect— 7 days after the day the last of the objectors receives a non-resolution notice; or if a later day is stated in the proposal—on the later day.
(sec.84-ssec.4) If— a decision is made by a park liaison committee— declaring the proposal to be reasonable; or changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and no application is made under section 82 (3) to refer a dispute about the proposal decision to mediation; the proposal, or the proposal as changed, takes effect on the day decided by the park liaison committee.
(sec.84-ssec.5) If a dispute about a proposal or a proposal decision for a proposal is referred to mediation under section 82 (2) or (3) , the proposal takes effect— if mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or if the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.
(sec.84-ssec.6) If the tribunal decides the proposal is reasonable or changes the proposal in a way the tribunal considers appropriate to make it reasonable, the proposal takes effect on the day decided by the tribunal.
- (a) at the end of the objection closing day for the proposal; or
- (b) if a later day is stated in the proposal—on the later day.
- (a) 7 days after the day the last of the objectors receives a non-resolution notice; or
- (b) if a later day is stated in the proposal—on the later day.
- (a) a decision is made by a park liaison committee— (i) declaring the proposal to be reasonable; or (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and
- (i) declaring the proposal to be reasonable; or
- (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and
- (b) no application is made under section 82 (3) to refer a dispute about the proposal decision to mediation;
- (i) declaring the proposal to be reasonable; or
- (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and
- (a) if mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or
- (b) if the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.