New Zealand Legislation: Acts

8P Territorial authority not to refuse exemption unless applicant given opportunity to be heard

• (1) If a territorial authority proposes to refuse to grant an exemption, the territorial authority shall give the applicant—

  • (a) a notice containing such particulars as will clearly inform the applicant of the substance of the grounds on which the territorial authority proposes to refuse to grant the exemption; and

  • (b) a copy of any information on which the territorial authority relies in proposing to refuse to grant the exemption; and

  • (c) a reasonable opportunity to make written submissions in respect of the matter.

  (2) Where a territorial authority refuses to grant an exemption, the territorial authority shall give written notice of its decision to the applicant, and shall inform the applicant of the applicant's right of appeal under section 8V.

  (3) Nothing in this section applies where a territorial authority is directed, pursuant to section 8O(4), to refuse to grant an exemption.

  Section 8P: inserted, on 1 July 1997, by section 3 of the Food Amendment Act (No 2) 1996 (1996 No 97).