4.4 Extension of the deadline

An applicant may request an extension of the time limit set in a Compliance Report.³³ The Commissioner will not allow an extension if the application for extension is made after the deadline has expired.³⁴

An applicant should only request an extension of a time limit where the applicant is not able to respond within that time limit. It is not necessary for an applicant to apply for an extension of time when the applicant has responded on or prior to the deadline and is awaiting a reply from IPONZ.

Any request for an extension of a time limit:

• Must be in writing;
• Must be received by IPONZ on or prior to the expiry of the deadline to which the extension of time request relates; and
• Must include reasons for the request.

On receipt of an application for an extension of time, the Commissioner will consider the request. Extensions of time will only be granted in those cases where genuine and exceptional reasons exist.³⁵

The onus is on the applicant to provide sufficient detail in its request for an extension of time to demonstrate the existence of genuine and exceptional reasons. Each extension of time request will be assessed on the basis of the information the applicant has provided in support of its request. Where the information provided by the applicant does not demonstrate the existence of genuine and exceptional reasons, the request will be declined.

The failure of an applicant to instruct its agent in a timely manner on how to proceed will not generally be considered an exceptional reason.

The comment “such additional further reasons/information as the Commissioner may request” (or similar) should not be included in a request for an extension of time. The onus is on the applicant to provide sufficient information in support of its request at the time that the request for an extension of time is made.

Where an extension of time is being sought two months or less before the expiry of the deadline set in a Compliance Report, and/or where the applicant has not communicated with IPONZ regarding any of the non-compliance issues for a period of six months or more, the applicant should provide detailed information, such as a chronology of events, to show that it has been diligently attempting to overcome all of the non-compliance issues raised by IPONZ.

^Footnotes

³³Regulation 61(2) of the Regulations
³⁴Regulation 62(3) of the Regulations
³⁵Regulation 32 of the Regulations