Review of requirement
26 Review of requirement
(1) A person who is served with a notice under section 25(2) may apply to the Commissioner for review of a requirement specified in the notice.
The application must:
be in writing; and
(b) state in detail the grounds on which the application is based and the particulars that support those grounds; and
(c) be lodged with the Commissioner within the shorter of the following:
(i) the period ending 3 days after the person is served with the notice;
(ii) the period for compliance with the notice specified in the notice.
(3) The Commissioner must, as soon as practicable after the application is made, decide to:
(a) confirm that the requirement must be complied with and substitute a further period for compliance with the notice; or
amend the notice; or
cancel the notice.
(4) The operation of the notice is suspended until the Commissioner decides the application.
(5) However, if, in the opinion of the Commissioner, the danger to life or property in relation to which the notice was issued is imminent:
the Commissioner may refuse to consider the application; and
subsection (4) does not apply.
The decision of the Commissioner under subsection (3) is final.
This Act’s bill:Second reading speech
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