New Zealand Legislation: Acts

27 Rights of persons affected in relation to adverse decisions

• (1) If the Agency proposes to make an adverse decision under this Act in respect of a person, the Agency must give written notice to the person directly affected of—

  • (a) the proposed decision; and

  • (b) subject to subsection (3), the reasons for the proposed decision and the information upon which the decision is based; and

  • (c) the date by which submissions may be made to the Agency in respect of the proposed decision (which date must not be less than 15 working days after the date on which the notice is given); and

  • (d) if appropriate, the date on which the proposed decision takes effect, being a date not less than 20 working days after the date on which the notice is given; and

  • (e) the person's right to appeal under section 68 if the Agency proceeds with the proposed decision; and

  • (f) any other matters that, in any particular case, may be required under this Act or any other Act.

  (2) If the Agency gives a notice under subsection (1), the Agency—

  • (a) must also supply a copy of the notice to any affected licence holder if the Agency considers that the proposed adverse decision is likely to have a significant effect on the rail activities of that affected licence holder; and

  • (b) may supply a copy of the notice to any other affected rail participant.

  (3) No notice, or copy of a notice, given under this section may include, or be accompanied by, information that is, or may be, prejudicial to a person except to the extent that—

  • (a) the notice or copy is supplied to that person; or

  • (b) the person consents to the supply of that information to another person.

  (4) If a notice, or copy of a notice, is given to a person under this section,—

  • (a) that person has the responsibility to ensure that all information that the person wishes to have considered by the Agency in relation to the proposed adverse decision is received by the Agency within the period specified in the notice, or copy, under subsection (1)(c), or within any further period that the Agency may allow; and

  • (b) the Agency may, but is not obliged to, consider information (other than information requested by the Agency) supplied by the person after the expiry of the period referred to in paragraph (a); and

  • (c) the Agency must consider submissions made in accordance with paragraph (a) and information supplied to the Agency by request of the Agency, but is not obliged to hear any person on the matter.

  (5) After considering the matters referred to in subsection (4)(c), the Agency must—

  • (a) decide whether or not to make the proposed adverse decision; and

  • (b) as soon as practicable after making the decision, give written notice to the person directly affected, and any other person of a kind referred to in subsection (2)(a), of—

    • (i) the reasons for the decision if those reasons differ from those notified under subsection (1)(b); and

    • (ii) if appropriate, the date on which the decision takes effect; and

    • (iii) if appropriate, the right of appeal under section 68.

  (6) In this section, unless the context otherwise requires,—

  adverse decision means a decision of the Agency—

  • (a) to refuse to grant a licence under section 17; or

  • (b) to suspend a licence or to impose temporary conditions on a licence under section 23; or

  • (c) to revoke a licence or to impose permanent conditions on a licence under section 24; or

  • (d) to amend a licence under section 26(2)(a); or

  • (e) to revoke a licence under section 26(2)(b); or

  • (f) to give notice of the requirement for remedial action under section 42(1)

  affected licence holder, in relation to a person directly affected by an adverse decision, means the holder of, or the applicant for, the licence

  person directly affected, in relation to any adverse decision, means the person who would be entitled to appeal against that adverse decision under section 68.

  Compare: 1989 No 74 s 25

  Section 27(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(1)(e): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(4)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(4)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(4)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 27(6) adverse decision: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).