79 Applications where decisions delayed
(1) This section applies if an agency’s principal officer or a Minister is taken to have made a decision (the original decision) under section 20(4), 27(5) or 57(2), schedule 4, section 7 or schedule 4, section 9(3) in relation to an application, or a notice served under section 20(1) (the original application).
(2) If an application is made to the commissioner for review of the original decision, the commissioner may—
(a) on the application of the agency or Minister concerned, allow further time to the agency or Minister to deal with the original application; and
(b) make the decision to allow further time subject to the conditions the commissioner considers appropriate, including a condition that any processing charge that was required to be paid must be reduced or waived.
(3) If the agency or Minister does not deal with the original application and notify the applicant within the further time, the agency’s principal officer or the Minister is taken, for the purpose of enabling an application to be made to the commissioner under section 73, to have made, on the last day of the further time, a decision affirming the original decision.