Section 230: Commissioner may extend time limits for delays by Commissioner
(1) The Commissioner may extend the time within which anything must be done under this Act or the regulations if that thing is not or will not be done in time because of a delay by the Commissioner.
(2) The Commissioner may grant the extension even if the time has expired for doing the thing.
Compare: 1953 No 64 s 93(1), (5)
1. A response to an examination report may be filed out of time i.e. beyond the period set in an examination report and the extension period (regulation 78(2)) in exceptional circumstances (regulation 78(3)). The phrase ‘exceptional circumstances’ includes those situations where the applicant has taken all reasonable and prudent steps to ensure that a response was filed in a timely manner, yet for reasons beyond the applicant’s control, was unable to do so. A request for an extension of time under regulation 78(3) should be made at the same time as filing of the response. The request should provide a detailed account of the circumstances and reasons leading to failure to file a response in time.
2. During examination the time to place the application in order and the time to respond to an examination report will be extended by the Commissioner under section 230 if necessary, and toward or beyond the expiry of the period allowed under section 71, if the application has not been put in order because of a delay by the Commissioner. Generally, where a subsequent examination report is issued within the last month of the period remaining under section 71(1), the section 71(1) period (and section 67(1) deadline) will be extended to take account of any delay by the Commissioner.
3. Delay by the Commissioner is considered to be any delay in issuing a subsequent examination report beyond the period of 20 working days following receipt of a response to the preceding examination report. For example, if a subsequent examination report is issued 22 working days after the date of receipt of a response, then the delay by the Commissioner will be 2 days. The section 71(2) period will be extended by 2 days, as will the period for responding to an examination report within the last month of the 71(1) period.
4. Delays by the Commissioner are cumulative and the section 71(1) period may be extended accordingly. Calculating delay by the Commissioner is subject to the rules governing working days (see regulation 3(1)).
Maori advisory committee – delay by the commissioner
5. Where the Commissioner, under section 15(3), is seeking advice from the Maori advisory committee or any other person and the time taken to receive this advice extends beyond 20 working days, then any delay will be construed as delay by the Commissioner.