4.3 Abandonment

Section 44(1) of the Act states:

If, within the time specified by the Commissioner, the Commissioner does not receive a response from the applicant to a notification under section 41, the Commissioner must treat the application as abandoned.

If IPONZ does not receive a response to the most recent Compliance Report on or prior to the expiry of the deadline stated in that Compliance Report, the application will be treated as abandoned on the expiry of that deadline.

Any extensions of time that have been granted will be taken into account. Where an extension of the time limit set in a Compliance Report has been sought and granted, the application will be treated as abandoned, if IPONZ does not receive a response to the Compliance Report on or prior to the expiry of the deadline as extended.

Where the Commissioner treats the application as abandoned pursuant to section 44(1) of the Act, IPONZ will send the applicant written confirmation of the abandonment. If there is a delay before IPONZ sends the applicant written confirmation of the abandonment, or if IPONZ fails to notify the applicant that the Commissioner is treating the application as abandoned, the applicant must not take the delay or failure as an indication that IPONZ is still considering the merits of the application. The delay or failure will not be considered a sufficient reason to justify the reinstatement of the application.