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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Trade waste discharges - Internal review of decision to decline trade waste permit

192: Decision of territorial authority

You could also call this:

"What happens when you ask a council to review a decision about a trade waste permit"

Illustration for Local Government (Water Services) Act 2025

If you apply for a review of a decision about a trade waste permit, the territorial authority must look at the decision again and make a new one. They must do this as soon as they can, and within 20 working days of getting your application. The person who reviews the decision cannot be the same person who made the original decision.

The person reviewing the decision can ask you for more information, and you must give it to them within a certain time, which is at least 7 working days. If you do not give them the information on time, they can still make a decision based on what they already know.

If the territorial authority does not make a new decision within 20 working days, the original decision is treated as if it has been confirmed. The person reviewing the decision can recommend that the territorial authority keep the original decision, change it, cancel it, or replace it with a new one, and the territorial authority will make a decision based on this recommendation, as outlined in section 191.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004622.

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"Checking a decision to say no to a trade waste permit"

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Part 3Provision of water services: operational matters
Trade waste discharges: Internal review of decision to decline trade waste permit

192Decision of territorial authority

  1. A territorial authority that receives an application for internal review under section 191 must review the original decision and make a new decision—

  2. as soon as practicable; and
    1. in any case, within 20 working days after receiving the application for internal review.

      1. The chief executive of the territorial authority must appoint, to undertake the internal review, a person who was not involved in making the original decision.

      2. The person appointed to undertake the review (the appointed person) may recommend that the territorial authority confirm, vary, set aside, or replace all or part of the original decision.

      3. The appointed person may seek further information from the applicant, and, if they do so,—

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

          1. If the applicant does not provide the further information to the appointed person within the required time,—

          2. the appointed person may make a recommendation to the territorial authority on the basis of the information the appointed person holds; and
            1. the territorial authority may make a decision on the basis of the recommendation.

              1. If the original decision is not varied, set aside, or replaced within the period specified in subsection (1)(b), the original decision must be treated as having been confirmed by the territorial authority.