sec.113Tribunal

### sec.113 Tribunal The tribunal, on application by— a person, on the person’s own behalf, or on behalf of the person and another person or other people; or 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or a person or people included in a class of people on behalf of the people in that class; may grant an exemption to the person, people or class of people from the operation of a specified provision of the Act . See also section 174C in relation to the tribunal’s powers for deciding the application. Before deciding an application, the tribunal must— give the commissioner a copy of the application and a copy of the material filed in support of the application; and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. Matters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following— whether the application should be considered by way of public hearing; identification of persons who may be affected by a decision to grant the application; whether the public should be consulted; how consultation with identified persons or the public should be conducted. The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant. The tribunal may request that the commissioner— inquire into an application; and report to the tribunal the results of the inquiry and a recommendation about the application. An exemption— may be granted subject to such terms as the tribunal provides; and may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and is to be granted for a specified period of not more than 5 years. An exemption under subsection (1) may be renewed for further periods of not more than 5 years, on application by the person or people to whom, or in respect of whom, the exemption was granted. s 113 amd 2005 No. 70 s 18 ; 2009 No. 24 s 1326; 2016 No. 63   s 1089 (sec.113-ssec.1) The tribunal, on application by— a person, on the person’s own behalf, or on behalf of the person and another person or other people; or 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or a person or people included in a class of people on behalf of the people in that class; may grant an exemption to the person, people or class of people from the operation of a specified provision of the Act . See also section 174C in relation to the tribunal’s powers for deciding the application. (sec.113-ssec.2) Before deciding an application, the tribunal must— give the commissioner a copy of the application and a copy of the material filed in support of the application; and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. (sec.113-ssec.3) Matters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following— whether the application should be considered by way of public hearing; identification of persons who may be affected by a decision to grant the application; whether the public should be consulted; how consultation with identified persons or the public should be conducted. (sec.113-ssec.4) The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant. (sec.113-ssec.5) The tribunal may request that the commissioner— inquire into an application; and report to the tribunal the results of the inquiry and a recommendation about the application. (sec.113-ssec.6) An exemption— may be granted subject to such terms as the tribunal provides; and may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and is to be granted for a specified period of not more than 5 years. (sec.113-ssec.7) An exemption under subsection (1) may be renewed for further periods of not more than 5 years, on application by the person or people to whom, or in respect of whom, the exemption was granted. - (a) a person, on the person’s own behalf, or on behalf of the person and another person or other people; or - (b) 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or - (c) a person or people included in a class of people on behalf of the people in that class; - (a) give the commissioner a copy of the application and a copy of the material filed in support of the application; and - (b) have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. - (a) whether the application should be considered by way of public hearing; - (b) identification of persons who may be affected by a decision to grant the application; - (c) whether the public should be consulted; - (d) how consultation with identified persons or the public should be conducted. - (a) inquire into an application; and - (b) report to the tribunal the results of the inquiry and a recommendation about the application. - (a) may be granted subject to such terms as the tribunal provides; and - (b) may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and - (c) is to be granted for a specified period of not more than 5 years.