The regulations set out that certain working days may be excluded from a discount calculation.
Regulation 3 and the interpretation of ‘excluded days’ is of particular relevance. Working days where consents are not processed due to “a reason in any other enactment” may be excluded from discount calculations.
The time period during alert levels 3 and 4 can therefore be excluded from that calculation where these restrictions meant councils were unable to process consents. However, at alert level 2 and level 1, we anticipate that there would be few situations where councils are unable to process consents due to the alert level restrictions.
If some consents cannot be processed due to the need to comply with the alert level requirements, or other requirements of the Epidemic Preparedness Notice, State of Emergency, or associated transition period, then those councils may continue to use the excluded days provisions of the regulations on a case-by-case basis. In doing so, councils must be able to demonstrate that they have been unable to process the consent for these reasons.