4.3 Applicant's response to the notice

Following receipt of the Notice of Proposal to Reject Rectification, the applicant may avail itself of the opportunity to be heard.

Where the applicant requests a hearing that request:

• Must be made in writing;
• Must indicate whether the applicant desires a hearing in person or a hearing based on written submissions; and
• Must be received by IPONZ on or prior to the expiry of the deadline specified in the Notice of Proposal to Reject Rectification, taking into account any extensions of time that have been granted.

Upon receipt of the request for a hearing, the application will be forwarded to the Hearings Office.

Where the applicant requests a hearing in person, a hearing will be held before an Assistant Commissioner. Where the applicant requests a hearing based on written submissions, the applicant will be asked to forward its written submissions and an Assistant Commissioner will then consider those written submissions.

After the hearing, or after considering the applicant’s written submissions, the Assistant Commissioner will either reject the application for rectification or order the registration to be rectified. A decision will issue in writing, stating the reasons for the Assistant Commissioner’s decision.