Part 2The regulator and its functions
Reviews and appeals
I2I125Review by regulator of certain decisions made by it
1
This section applies in relation to a prescribed decision of the regulator.
2
A prescribed person may, before the end of a period prescribed for the purposes of this subsection, give a notice to the regulator requiring it to carry out a review of the decision in accordance with this section.
3
A notice under subsection (2) must—
a
contain prescribed information,
b
be in the prescribed form, and
c
be given in the prescribed way.
4
The nature and extent of the review are to be such as appear to the regulator to be appropriate in the circumstances.
5
The review must take account of any representations made, or information given, by the person at a stage which gives the regulator a reasonable opportunity to consider the representations or information (and may take account of any other information).
6
On the conclusion of the review the regulator must either uphold or vary the decision.
7
The regulator must notify the person of the outcome of the review and its reasoning before the end of a period prescribed for the purposes of this subsection or such other period as may be agreed in writing (“the relevant period”).
8
Where the regulator is required to undertake a review but does not notify the person by the end of the relevant period—
a
the review is treated as having concluded at the end of that period, and the regulator is treated as having upheld the decision, and
b
the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.
9
The decisions that may be prescribed under subsection (1) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—
a
a decision made on an appeal to the regulator, or
b
a decision to do any of the following—
i
give a compliance notice under section 99 of this Act;
ii
give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);
iii
make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);
iv
give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).