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Health and Safety at Work Act 2015

Enforcement and other matters - Reviews and appeals - Internal review

132: Decision of regulator

You could also call this:

“Regulator reviews and decides on requested decision changes”

When you ask the regulator to review a decision, they must look at it again and make a new decision. They need to do this as quickly as they can, but no later than 14 days after you ask for the review. The person who made the first decision can’t be the one to review it.

When the regulator reviews the decision, they can do one of three things: they can agree with the original decision, they can change it, or they can cancel it and make a completely new decision.

If the regulator needs more information from you, they will ask for it. When this happens, the 14-day countdown stops until you give them the information. You need to give them the information within the time they ask for, which will be at least 7 days. If you don’t give them the information in time, they will make a decision based on what they already know.

If the regulator doesn’t change or cancel the decision within 14 days, it means they agree with the original decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977098.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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131: Application for internal review, or

“How to ask for a decision to be reviewed”

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133: Notice of decision on internal review, or

“After reviewing your case, the regulator must notify you of their decision and reasons”

Part 4 Enforcement and other matters
Reviews and appeals: Internal review

132Decision of regulator

  1. The regulator must review the reviewable decision and make a decision—

  2. as soon as practicable; and
    1. within 14 days after the application for internal review is received.

      1. However, the individual who made the reviewable decision must not review the decision.

      2. The regulator's decision may—

      3. confirm or vary the reviewable decision; or
        1. set aside the reviewable decision; or
          1. set aside the reviewable decision and substitute another decision that the regulator considers appropriate.

            1. The regulator may seek further information from the applicant, and, if it does,—

            2. the period specified in subsection (1)(b) ceases to run until the applicant provides the information to the regulator; and
              1. the applicant must provide the information within the period (not less than 7 days) specified by the regulator in the request for information.

                1. If the applicant does not provide the further information within the required time, the regulator may make a decision on the internal review on the basis of the information held by the regulator.

                2. If the reviewable decision is not varied or set aside within the period specified in subsection (1)(b), the decision is to be treated as having been confirmed by the regulator.

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