sec.99BRBFAppeals about applications for connections—particular charges

### sec.99BRBF Appeals about applications for connections—particular charges This section applies to an applicant for a connection if— the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and the review decision is not the decision sought by the applicant. The applicant may appeal to a development tribunal about the review decision. The appeal may be made only on 1 or more of the following grounds— the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount; the decision involved an error relating to the application of the relevant charge; if the decision is the giving of an infrastructure charges notice— the decision involved an error relating to— the working out, for section 99BRCJ , of additional demand; or an offset or refund; or there was no decision about an offset or refund; or if the infrastructure charges notice states a refund will be given—the timing for giving the refund. To remove any doubt, it is declared that the appeal must not be about— the relevant charge itself; or for a decision about an offset or refund for an infrastructure charges notice— the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule. The appeal must be started within the standard appeal period. s 99BRBF ins 2014 No. 16 s 21 amd 2014 No. 36 s 36 ; 2016 No. 27 s 466 (sec.99BRBF-ssec.1) This section applies to an applicant for a connection if— the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and the review decision is not the decision sought by the applicant. (sec.99BRBF-ssec.2) The applicant may appeal to a development tribunal about the review decision. (sec.99BRBF-ssec.3) The appeal may be made only on 1 or more of the following grounds— the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount; the decision involved an error relating to the application of the relevant charge; if the decision is the giving of an infrastructure charges notice— the decision involved an error relating to— the working out, for section 99BRCJ , of additional demand; or an offset or refund; or there was no decision about an offset or refund; or if the infrastructure charges notice states a refund will be given—the timing for giving the refund. (sec.99BRBF-ssec.4) To remove any doubt, it is declared that the appeal must not be about— the relevant charge itself; or for a decision about an offset or refund for an infrastructure charges notice— the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule. (sec.99BRBF-ssec.5) The appeal must be started within the standard appeal period. - (a) the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and - (b) the review decision is not the decision sought by the applicant. - (a) the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount; - (b) the decision involved an error relating to the application of the relevant charge; - (c) if the decision is the giving of an infrastructure charges notice— (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or (ii) there was no decision about an offset or refund; or (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund. - (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or - (A) the working out, for section 99BRCJ , of additional demand; or - (B) an offset or refund; or - (ii) there was no decision about an offset or refund; or - (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund. - (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or - (A) the working out, for section 99BRCJ , of additional demand; or - (B) an offset or refund; or - (ii) there was no decision about an offset or refund; or - (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund. - (A) the working out, for section 99BRCJ , of additional demand; or - (B) an offset or refund; or - (a) the relevant charge itself; or - (b) for a decision about an offset or refund for an infrastructure charges notice— (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule. - (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or - (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule. - (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or - (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.