(1) If an objection
has been lodged against a decision or an application has been made under this
Division for a review of the decision, the effect of the decision is suspended
until the person or tribunal authorised to deal with the objection or
application has decided how to dispose of it unless —
(a) the
person or tribunal orders that the suspension be revoked; or
(b) the
local government considers that —
(i)
there are urgent reasons why the effect of the decision
should not be suspended; or
(ii)
suspension of the effect of the decision is reasonably
likely to endanger the safety of any person, cause damage to property, or to
create a serious public nuisance.
(2) A council or
committee cannot order, under subsection (1)(a), that the suspension of a
decision be revoked unless it considers that —
(a)
there are urgent reasons why the effect of the decision should not be
suspended; or
(b)
suspension of the effect of the decision is reasonably likely to endanger the
safety of any person, cause damage to property, or to create a serious public
nuisance.
(3) As soon as a local
government makes a decision under subsection (1)(b), it is to give the
affected person notice in writing stating its reasons.
[Section 9.9 amended: No. 64 of 1998 s. 50; No. 55
of 2004 s. 706.]