Building Act 2011

The permit authority to which an uncertified application is made must decide whether or not to grant the building permit —

if there is no requirement under section 18(1), before the expiration of the period —

that is prescribed for the purposes of this subsection for the classification of the building that is the subject of the application; and

starting on the day after the application is made;

if there is a requirement under section 18(1) that is complied with within the specified time, before the expiration of the balance of the period mentioned in paragraph (a)(i) starting on the day after the compliance.

The permit authority to which a certified application or an application for a demolition permit is made must decide whether or not to grant the building permit or demolition permit —

if there is no requirement under section 18(1), before the expiration of the period —

that is prescribed for the purposes of this subsection for the classification of the building that is the subject of the application; and

starting on the day after the application is made;

if there is a requirement under section 18(1) that is complied with within the specified time, before the expiration of the balance of the period mentioned in paragraph (a)(i) starting on the day after the compliance.

If the permit authority has not made a decision in the time mentioned in subsection (1) or (2) the permit authority is to be taken to have refused to grant the building permit or demolition permit.

If the permit authority has not made a decision within the time mentioned in subsection (1) or (2) —

the permit authority must refund to the applicant the fee mentioned in section 16(l) that accompanied the application; and

the amount of the fee paid is recoverable in any court of competent jurisdiction as a debt due to the applicant.

Subsection (4) does not apply —

if the permit authority refuses to consider the application because the applicant has not complied with a requirement under section 18(1) within the specified time; or

if the permit authority has referred the application in accordance with the Heritage Act 2018 but the Heritage Council has not provided its advice within the time mentioned in subsection (1) or (2).

Despite subsection (3) and section 18(2), the permit authority may decide whether or not to grant the building permit or demolition permit, and may give the applicant written notice of its decision, after the period applicable under subsection (1) or (2), or the time specified under section 18(1), has expired, and the validity of the decision is not affected by the expiry.