Planning Act 2023
443Decision on application for rectification work order
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443 Decision on application for rectification work order (1) A magistrate may refuse to consider an application for a rectification work order until the inspector gives the magistrate any additional information the magistrate requires for subsection (2). (2) The magistrate must not make the rectification work order unless (a) there are grounds for making the application; and (b) if the order is for undertaking rectification work at stated times outside business hours—it is reasonably necessary to undertake the work at the stated times; and
(c) if the application states that assistance is likely to be necessary to execute the order—the assistance mentioned in the application is reasonably necessary to execute the order; and (d) if the application is made remotely under section 446—the application has been made in accordance with that section. (3) A rectification work order may not be made in relation to an inspector other than the applicant. (4) However, a rectification work order may authorise another inspector to accompany the applicant to execute the order.