57A Extended processing period

(1) Before or after an agency’s principal officer or a Minister is taken to have made a decision under section 57(2) in relation to an application (the deemed decision), the agency or the Minister may ask the applicant for a further specified period (an extended processing period) within which the agency or the Minister may continue to consider the application and make a decision in relation to it.

(2) Additional requests may be made under subsection (1) to allow further extended processing periods.

(3) Until a considered decision is made under subsection (4), an application for review of the deemed decision—

(a) may be made even if the applicant has agreed to a request made under subsection (1); and

(b) despite section 73(1)(d), may be made—

(i) at any time before 28 days from the end of the extended processing period or, in the case of more than 1 extended processing period, the last extended processing period; or

(ii) within the longer period the commissioner allows.

(4) The agency or the Minister may, at any time before the agency or the Minister is informed under section 73A of an application for review of the deemed decision, continue to consider the application and make a decision in relation to it (a considered decision).

(5) Subsection (4) applies even if—

(a) no request has been made under subsection (1); or

(b) the applicant has not agreed to a request made under subsection (1).

(6) If a considered decision is made, the considered decision replaces the deemed decision for the purposes of this Act.

Example—
The agency or the Minister must give notice of the considered decision under section 58(2) and the considered decision is potentially subject to internal review under section 60, in addition to external review under part 5.