Ministerial directions to assessing agency
43 Ministerial directions to assessing agency
The Minister may, by notice, give a direction to an assessing agency for an assessment application—
if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or
if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.
The Minister may give the direction even if the agency’s assessment period for the assessment application has ended under section 42(3).
The direction must state the reasons for the decision to give it.
The Minister must give the applicant a copy of the direction.
The assessing agency must comply with the direction.
If the Minister gives the direction, the chief executive can not decide the assessment application until the assessing agency’s response is reissued.
This Act’s bill:Explanatory memorandumSecond reading speech
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