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Health and Safety at Work Act 2015

Enforcement and other matters - Reviews and appeals - Internal review

134: Stay of reviewable decision on internal review

You could also call this:

“Pausing a decision while it's being reviewed internally”

If you ask for an internal review of a decision to issue a notice, the regulator can pause the decision from taking effect. This is called a “stay”. The regulator can decide to pause the decision on their own or if you ask them to. If you ask for a pause, the regulator has to decide within 3 working days. If they don’t make a decision in those 3 days, it’s treated as if they said yes to pausing the decision. If the decision is paused while the internal review is happening, it stays paused until the reviewer makes a decision about the review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977100.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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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”

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135: Application for appeal, or

“How to challenge a decision you think is unreasonable”

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

134Stay of reviewable decision on internal review

  1. If an application is made for an internal review of a decision to issue a notice, the regulator may stay the operation of the decision.

  2. The regulator may stay the operation of a decision—

  3. on the regulator's own initiative; or
    1. on the application of the applicant for review.

      1. The regulator must make a decision on an application for a stay within 3 working days after the regulator receives the application.

      2. If the regulator has not made a decision on an application under subsection (2)(b) within the time set out in subsection (3), the regulator is to be treated as having made a decision to grant a stay.

      3. A stay of the operation of a decision pending a decision on an internal review continues until the reviewer has made a decision on the review.

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