4.4.1 Procedure to decline extension

Where it seems likely that the Commissioner will decline a request for an extension of time, section 176 of the Act requires that the Commissioner must first give the applicant an opportunity to be heard on the matter.

IPONZ will write to the applicant, explaining why the request seems likely to be declined, and giving the applicant 10 working days in which to request a hearing³⁶ before the Commissioner exercises his power to decline the extension of time request.

An extension of 10 working days will be granted to the deadline set in the Compliance Report. This period equates to the stipulated period in which the applicant may request a hearing on the proposal to decline the extension request.

Where the applicant does not request a hearing on the proposal to decline the extension of time request or respond to the Compliance Report on or prior to the expiry of the stipulated period a further letter will issue. This letter will officially decline the extension of time request and confirm that the application has been treated as abandoned pursuant to section 44(1) of the Act.

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