1: Title
This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Agricultural Compounds and Veterinary Medicines Act 1997 2012-08-31 Agricultural Compounds and Veterinary Medicines Act 1997
4: Interpretation
1: The definition of person section 2(1)
2: Section 2(1) notice of recognition
a: a notice of recognition given to a recognised agency or a recognised person in accordance with section 44N(1)(b)
b: a notification given to a recognised class in accordance with section 44N(1)(c)(i) permissible functions and activities public register section 44ZH recognised agency
a: a person who is recognised by the Director-General under section 44C or 44D
b: a group of persons who are recognised by the Director-General under section 44D recognised class section 44G specified functions and activities section 44N(2)(a)
a: a recognised agency is responsible for managing or carrying out; or
b: a recognised person may carry out; or
c: persons who are members of a recognised class may carry out .
3: Section 2(1) recognised person recognised person
a: is recognised by the Director-General under section 44E or 44F
b: is a member of a recognised class, but only—
i: to the extent that the person carries out the specified functions and activities for which the class is recognised; and
ii: while the person continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the public register in accordance with section 44N(1)(a) .
5: Term of registration
Section 22(1)(b) or 32A section 27(6)
6: Conditions on trade name products
Section 23(1)(ja) a recognised person or any class or description of recognised persons a recognised agency or a recognised person
7: Register of agricultural compounds
1: Section 24(2)(j)
2: Section 24(6) subsections (2)(b) and (j) subsection (2)(b)
8: Director-General may approve operating plans
Section 28(1)(a)
iii: recognition of an agency, a person, or a class of persons under Part 3A .
9: New section 32A inserted
The following section is inserted after section 32
32A: Cancellation of registration
1: The Director-General may cancel the registration under section 21 of a trade name product if, in the Director-General's opinion, 1 or more of subsections (2) to (4)
2: The registration may be cancelled if—
a: the Director-General is unable to contact the registrant after reasonable efforts to do so; or
b: there are repeated failures, or there is a serious failure, to comply with any conditions imposed on the registration at a time when the registration is suspended under section 30A; or
c: a prohibition order has been issued under section 57A for the trade name product.
3: The registration may be cancelled if—
a: the registration depended on an approval being obtained under another enactment; and
b: the approval is no longer valid.
4: The registration may be cancelled if—
a: fees or charges under this Act or under regulations are payable for the registration or for the trade name product; and
b: the fees or charges are not paid within 20 working days after the Director-General sends a written demand for payment to the person liable to pay.
5: If the Director-General decides to cancel any registration under this section, he or she must give written notice of the decision to the registrant, specifying—
a: the reason for the cancellation; and
b: the date on which or time at which it commences (which may not be earlier than the date or time of notification).
6: If a person acting under the delegated authority of the Director-General cancels any registration under this section, the registrant may seek a review of the cancellation under section 77A.
7: However, if registration is cancelled under subsection (2)(a)
a: subsection (5)
b: any application for review must be provided to the Director-General under section 77A(3) within 20 working days after the date of the notice in the Gazette
10: New section 33 substituted
Section 33
33: No compensation or damages for loss arising from certain changes
No compensation or damages are payable to any person for any loss whatsoever arising from—
a: the revocation or amendment of an approval under section 8C(5); or
b: the cancellation of the provisional registration of a trade name product under section 27(6); or
c: the reassessment of a registered trade name product under section 29 or 30; or
d: the suspension of the registration of a trade name product under section 30A; or
e: the cancellation of the registration of a trade name product under section 32A
f: the revocation of the registration of a trade name product under section 57; or
g: the issuance of a prohibition order under section 57A.
11: New Part 3A inserted
The following Part is inserted after Part 3
3A: Recognised agencies, persons, and classes of persons
44A: Outline of this Part
This Part—
a: establishes a procedure for the recognition of agencies that are responsible for managing and carrying out specified functions and activities for the purposes of this Act; and
b: establishes a procedure for the recognition of persons or classes of persons who are to carry out specified functions and activities for the purposes of this Act; and
c: sets out the duties of recognised agencies, recognised persons, and recognised classes, and when their recognition can be suspended or withdrawn; and
d: provides for the establishment and maintenance of a public register of recognised agencies, recognised persons, and recognised classes, and for the public to access the register.
44B: Interpretation
In this Part,— Crown entity requirements of this Act
a: this Act; or
b: regulations; or
c: a notice issued under section 44ZN specified conviction
a: a conviction for an offence against this Act; or
b: a conviction (whether in New Zealand or in another country) for any offence relating to fraud or dishonesty; or
c: a conviction (whether in New Zealand or in another country) for any offence relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or in another country) that—
i: is regulated under this Act or any other Act administered by the Ministry; or
ii: is subject to an overseas regulatory regime similar to that set out in this Act State enterprise Recognition of agencies, persons, and classes of persons
44C: Recognition of agencies
1: The Director-General may, on the application of a person, recognise that person as an agency that is responsible for the management and carrying out of specified functions and activities.
2: Before recognising an applicant, the Director-General must—
a: consider whether to impose a condition under section 44M(1)
b: be satisfied that the applicant is a fit and proper person to manage and carry out the permissible functions and activities for which recognition is sought.
3: In determining whether an applicant is a fit and proper person, the Director-General—
a: must take into account the following matters:
i: the competencies and resources of the applicant to manage and carry out the permissible functions and activities for which recognition is sought; and
ii: any specified conviction entered against the applicant or any director or manager of the applicant; and
iii: the applicant’s character and reputation, including, if appropriate, the character and reputation of the directors of the applicant or of those responsible for its management or control; and
iv: the applicant’s ability to maintain an appropriate degree of impartiality and independence in managing and carrying out the permissible functions and activities for which recognition is sought; and
v: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
44D: Recognition of certain agencies without application
1: The Director-General may, without receiving an application under section 44C(1)
a: the Ministry:
b: a department of the public service listed in Schedule 1 of the State Sector Act 1988:
c: a Crown entity:
d: a State enterprise:
e: a territorial authority (as defined in section 5(1) of the Local Government Act 2002).
2: Section 44C(2) and (3) subsection (1)
44E: Recognition of persons
1: The Director-General may, on the application of a natural person, recognise that person to carry out specified functions and activities.
2: Before recognising an applicant, the Director-General must—
a: consider whether to impose a condition under section 44M(1)
b: be satisfied that the applicant is a fit and proper person to carry out the permissible functions and activities for which recognition is sought.
3: In determining whether an applicant is a fit and proper person, the Director-General—
a: must take into account the following matters:
i: the competency of the applicant to carry out the permissible functions and activities for which recognition is sought; and
ii: any specified conviction entered against the applicant; and
iii: the applicant’s character and reputation; and
iv: the applicant’s ability to maintain an appropriate degree of impartiality and independence in carrying out the permissible functions and activities for which recognition is sought; and
v: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
44F: Recognition of certain persons without application
1: The Director-General may, without receiving an application under section 44E(1)
a: any officer or employee of the Ministry:
b: any officer or employee of any department of the public service listed in Schedule 1 of the State Sector Act 1988:
c: any officer or employee of a Crown entity or a State enterprise.
2: Section 44E(2) and (3) subsection (1)
44G: Recognition of classes of persons
1: The Director-General may recognise a class of natural persons to carry out specified functions and activities.
2: The Director-General may recognise a class of natural persons—
a: on the application of any person who the Director-General is reasonably satisfied—
i: represents that class of persons; or
ii: is an appropriate person to make an application on behalf of that class of persons; or
b: without receiving an application.
3: Before recognising a class of natural persons, the Director-General must—
a: consult the members of the class and the applicant (if any) in accordance with section 44ZM
b: be satisfied that the class is an appropriate class to carry out the permissible functions and activities for which the class is proposed to be recognised.
4: In determining whether a class is an appropriate class, the Director-General—
a: must take into account the following matters:
i: whether the class can be defined with appropriate accuracy and specificity; and
ii: the degree to which members of the class share common characteristics (for example, qualifications, skills, and experience); and
iii: the degree to which the ordinary qualifications, skills, functions, and activities of members of the class correspond with, and demonstrate adequate competency to carry out, the permissible functions and activities for which the class is proposed to be recognised; and
iv: whether the class is supervised, regulated, governed, or controlled by or under a professional or regulatory body or system (for example, a disciplinary body or system), or an enactment; and
v: whether the class is subject to a code of ethics or standards of professional conduct to which members must adhere; and
vi: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
5: If the Director-General recognises a class of persons under this section, the Director-General may, if he or she considers on reasonable grounds that it is appropriate to do so, exclude 1 or more members of the class, or categories of members of the class, from the recognised class ( see section 44L
44H: Interrelationship between sections 44C to 44G
To avoid doubt, a natural person may be recognised under any 1 or more of sections 44C to 44G Recognition process
44I: Application for recognition
An application for recognition under section 44C, 44E, or 44G
a: be in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: be accompanied by the prescribed application fee (if any).
44J: Director-General may require further information
1: The Director-General may require a person who applies for recognition to supply further information or material before determining whether to grant the recognition.
2: An application for recognition lapses if the additional information or other material is not supplied—
a: within 3 months after the date of the requirement; or
b: within any further time that the Director-General allows by notice in writing.
44K: Proposal to refuse application to recognise agency, person, or class of persons
1: If the Director-General proposes to refuse an application for recognition in whole or in part, the Director-General must consult the applicant in accordance with section 44ZM
2: The notification given to the applicant in accordance with section 44ZM(a)(i)
a: specify the grounds for proposing to refuse the application; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to refuse the application.
3: If the Director-General finally determines to refuse the application (in whole or in part), the Director-General must, as soon as practicable, give the applicant written notice of—
a: the decision and the Director-General's reasons for it; and
b: if applicable, the applicant's right to seek a review of that decision under section 77A.
44L: Proposal to exclude members, or categories of members, from recognition of class
1: If the Director-General proposes to exclude any members, or categories of members, from the recognition of a class, the Director-General must consult those members and the applicant (if any) in accordance with section 44ZM
2: The notification given to the members and the applicant (if any) in accordance with section 44ZM(a)
a: specify the grounds for proposing to exclude the members; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to exclude the members.
3: If the Director-General finally determines to exclude any members, or categories of members, from the recognition of a class, the Director-General must, as soon as practicable, give those members and the applicant (if any) written notice of—
a: the decision and the Director-General's reasons for it; and
b: if applicable, the members' and the applicant's right to seek a review of that decision under section 77A.
44M: Director-General may impose or vary conditions of recognition
1: The Director-General may impose any conditions the Director-General thinks fit when he or she recognises an agency, a person, or a class of persons under any of sections 44C to 44G
2: The Director-General may vary any conditions by, as appropriate,—
a: giving a recognised agency or a recognised person written notice of the variation; or
b: notifying a recognised class of the variation in accordance with section 44ZL
3: However, before varying a condition the Director-General must consult the recognised agency, recognised person, or recognised class in accordance with section 44ZM
4: If a person acting under the delegated authority of the Director-General varies a condition, the recognised agency, the recognised person, or a member of the recognised class to whom the condition applies may seek a review of the variation under section 77A.
5: Subsections (3) and (4)
6: In this section, vary
a: to impose additional conditions; or
b: to revoke or amend any conditions.
44N: Grant of recognition
1: If the Director-General recognises an agency, a person, or a class of persons, the Director-General must, as soon as practicable,—
a: enter the name of the recognised agency or recognised person, or a definition of the class that allows the class to be accurately and readily identified, in the public register; and
b: for a recognised agency or a recognised person, give the agency or person a notice of recognition; and
c: for a recognised class,—
i: notify the class in accordance with section 44ZL
ii: if there was an applicant, give the applicant written notice of the recognition of the class.
2: A notice of recognition must specify—
a: the permissible functions and activities for which the recognition is granted; and
b: for a recognised class, any members or categories of members that are excluded from the recognised class in accordance with section 44G(5)
c: any conditions of recognition imposed under section 44M(1)
d: the duration of the recognition under section 44P
44O: Scope, effect, and transfer of recognition
1: Recognition of a recognised agency or a recognised person applies only to the particular agency or particular person specified in the notice of recognition.
2: If a class of persons is recognised,—
a: that recognition applies—
i: to the class as defined in the public register; and
ii: to each member of that class, but only—
A: to the extent that the member carries out the specified functions and activities for which the class is recognised; and
B: while the member continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the public register in accordance with section 44N(1)(a)
b: each member of the class—
i: is a recognised person; and
ii: is subject to the duties of recognised persons set out in section 44W
iii: may independently carry out the specified functions and activities for which the class is recognised; and
iv: may have the recognition of the class of which he or she is a member suspended or withdrawn for him or her only; and
c: all conditions of recognition imposed on the class under section 44M
d: a suspension or withdrawal of the recognition of the class, and any condition or corrective action imposed under section 44Y(3)
e: each member of the class who carries out the specified functions and activities for which the class is recognised—
i: does so on his or her own account; and
ii: is personally responsible for his or her own actions or omissions.
3: Further to subsection (2)
a: a reference to a recognised person's specified functions and activities were a reference to the specified functions and activities of the recognised class of which he or she is a member; and
b: a reference to a recognised person's recognition were a reference to the class's recognition; and
c: a reference to a recognised person's notice of recognition were a reference to the class's notice of recognition.
4: Recognition may not be transferred to a different agency, person, or class of persons, and may not vest by operation of law in any person other than the agency, person, or class of persons specified in the notice of recognition.
44P: Duration of recognition
1: Recognition has effect for—
a: a specified period commencing and ending on the dates stated in a notice of recognition in accordance with section 44N(2)(d)
b: if no period is specified, an indefinite period.
2: However,—
a: recognition ends if it is withdrawn under section 44ZC or 44ZD section 44ZF
b: recognition has no effect while it is suspended under section 44Y or 44Z
44Q: Renewal of recognition before expiry
1: If an agency, a person, or a class of persons is recognised for a specified period, then no later than 1 month before the end of that period—
a: the agency, the person, or an appropriate representative may apply to the Director-General for renewal of the recognition; or
b: the Director-General may renew the recognition without application if the agency, person, or class was initially recognised by the Director-General without application.
2: In determining whether to renew the recognition of an agency, a person, or a class of persons, the Director-General must consider the matters set out in (as applicable) section 44C(2) and (3), 44E(2) and (3), or 44G(3)(b) and (4)
a: either—
i: the circumstances of the agency, person, or class have not changed; or
ii: if the circumstances of the agency, person, or class have changed, those changes do not adversely affect the current recognition; and
b: the reasons why the Director-General recognised the agency, person, or class still apply; and
c: the agency or person has, or a sufficient proportion of the members of the class have, complied with all applicable conditions of recognition imposed under section 44M
3: If the Director-General proposes to vary any conditions of recognition imposed on the agency, person, or class of persons under section 44M
a: must vary the conditions in accordance with section 44M(2) to (6)
b: may, by notice in writing to the agency, person, or class, temporarily extend the specified period of the existing recognition in order to allow consultation in accordance with section 44M(3)
4: Sections 44J to 44P
5: An application under this section that is received by the Director-General after the deadline specified in subsection (1) section 44C, 44E, or 44G
6: In this section, appropriate representative
a: represents the recognised class; or
b: is an appropriate person to make an application on behalf of the class.
44R: Application for renewal of recognition
An application for renewal of recognition under section 44Q
a: be in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: be accompanied by the prescribed application fee (if any).
44S: Substituted notice of recognition
1: A recognised agency or a recognised person may apply to the Director-General for a new notice of recognition to be issued in substitution for an existing notice of recognition if—
a: any conditions of recognition imposed on the agency or person are varied under section 44M(2)
b: the existing notice has become disfigured or dilapidated, or contains a mistake; or
c: the existing notice has been lost or destroyed.
2: The Director-General must cancel the existing notice of recognition and give a new notice of recognition in substitution for it if—
a: an application for a substituted notice of recognition is made to the Director-General in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: the application is accompanied by the prescribed application fee (if any).
44T: Ongoing recognition fees, charges, or levies
Recognised agencies and recognised persons must pay the prescribed fee, charge, or levy (if any) for ongoing recognition for the prescribed period on or before the date provided or approved by the Director-General for that purpose. Performance of specified functions and activities
44U: Director-General may give directions on performance of specified functions and activities
1: The Director-General may give a direction to any, all, or any combination of recognised agencies, recognised persons, or recognised classes as to how a recognised agency is to manage or carry out, or a recognised person or recognised class is to carry out, its specified functions and activities.
2: A direction must be given—
a: to a recognised agency or a recognised person by notice in writing; and
b: to a recognised class by notifying the class in accordance with section 44ZL
44V: Duties of recognised agencies
1: When carrying out its specified functions and activities, a recognised agency must ensure that it—
a: carries out only functions and activities that are within the scope of those specified; and
b: is adequately resourced and its systems are maintained to a level that ensures it is able to carry out those functions and activities; and
c: has documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and
d: has systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and
e: complies with all conditions of recognition imposed under section 44M
f: complies with all applicable directions given under section 44U
g: complies with all applicable requirements of this Act.
2: When carrying out its specified functions and activities, a recognised agency must also ensure that each recognised person that the agency manages and supplies (if any)—
a: maintains all competency requirements applicable to his or her recognition; and
b: is not placed in a position or a situation that compromises his or her impartiality and independence in carrying out his or her specified functions and activities.
3: The duties in section 44W subsection (1)
44W: Duties of recognised persons
When carrying out his or her specified functions and activities, a recognised person must ensure that he or she—
a: carries out only functions and activities that are within the scope of those specified; and
b: maintains all competency requirements applicable to his or her recognition; and
c: maintains an appropriate degree of impartiality and independence; and
d: maintains appropriate confidentiality (particularly in respect of commercially sensitive matters) relating to operations and activities the person comes into contact with in the course of carrying out those functions and activities (except to the extent that the person is required to report under paragraph (e)
e: reports to the Ministry (or any other specified authority) any matter that a recognised person is required to report in accordance with any applicable requirements of this Act; and
f: complies with all conditions of recognition imposed under section 44M
g: complies with all applicable directions given under section 44U
h: complies with all applicable requirements of this Act.
44X: Recognised agency or person may act in other capacities
Nothing in section 44V or 44W
a: in the agency's or person's capacity as a recognised agency or a recognised person; or
b: while purporting to act as a recognised agency or a recognised person. Suspension of recognition
44Y: Suspension of recognition of recognised agency, recognised person, or recognised class
1: The Director-General may suspend all or part of the recognition of a recognised agency, recognised person, or recognised class if the Director-General has reasonable grounds to believe that—
a: the performance of the agency, person, or a significant proportion of the members of the class is unsatisfactory, taking into account the requirements of the recognition; or
b: the agency, person, or a significant proportion of the members of the class no longer meets 1 or more of the criteria on which that agency, person, or class was recognised under whichever of sections 44C to 44G
c: the agency, person, or a significant proportion of the members of the class has failed to comply with section 44V or 44W
d: for an agency or a person, the agency or person has failed to pay an ongoing recognition fee, charge, or levy within 30 days after the date on which it was due and payable.
2: The maximum period of suspension is 3 months.
3: The Director-General may do either or both of the following:
a: impose conditions that must be satisfied before the suspension is lifted:
b: require a suspended agency, person, or class to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
44Z: Director-General may extend suspension of recognition
1: The Director-General may extend the period of a suspension under section 44Y
a: any conditions imposed under that section have not been satisfied within the suspension period; or
b: any corrective actions imposed under that section have not been fulfilled within the suspension period.
2: The period of extension—
a: may be for any further period that the Director-General notifies in writing to the agency or the person, or notifies to the class in accordance with section 44ZL
b: must not exceed a further 3 months.
3: The Director-General may (in addition to any conditions or requirements imposed under section 44Y(3)
a: impose conditions that must be satisfied before the extended period of suspension is lifted:
b: require a suspended agency, person, or class to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
44ZA: Method of suspension of recognition
1: The Director-General must, as soon as practicable after deciding to suspend, or extend the suspension of, a recognised agency, recognised person, or recognised class, notify—
a: a recognised agency or recognised person of the suspension of the agency or person; and
b: a recognised agency of the suspension of a recognised person for whom the agency is responsible; and
c: a recognised person of the suspension of any recognised agency that is responsible for that person; and
d: a recognised class of the suspension of the class.
2: A notice of suspension must—
a: be given to a recognised agency or a recognised person by notice in writing; and
b: be given to a recognised class by notifying the class in accordance with section 44ZL
c: specify—
i: the reason for the suspension; and
ii: the date and time the suspension starts; and
iii: the period of the suspension; and
iv: the specified functions and activities that the suspension relates to; and
v: any conditions or corrective actions imposed under section 44Y(3) or 44Z(3)
d: if applicable, set out the right of the recognised agency, recognised person, or recognised class (under section 77A) to seek a review of the decision to suspend the recognition of the agency, person, or class.
3: The Director-General may notify any suspension of recognition in the Gazette
4: In subsections (1) to (3) suspension
44ZB: Suspension does not limit other actions
A suspension under section 44Y section 44Z Withdrawal of recognition
44ZC: Withdrawal of recognition of recognised agency or recognised person
1: The Director-General may withdraw all or part of the recognition of a recognised agency or a recognised person if the Director-General has reasonable grounds to believe that—
a: suspending all or part of the agency’s or person’s recognition under section 44Y section 44Z
b: the agency or person is no longer a fit and proper person to carry out the agency's or person's specified functions and activities; or
c: the agency or person has failed to comply with section 44V or 44W
d: the agency or person has ceased to operate as a recognised agency or a recognised person; or
e: the agency or person has continued to fail to pay an ongoing recognition fee, charge, or levy after the agency's or person's recognition has been suspended on the ground set out in section 44Y(1)(d)
f: the agency or person has failed to comply with or maintain any criteria or competencies that led to the recognition of the agency or person; or
g: the agency is no longer the appropriate agency to hold the recognition, but only if the agency is, or is within, the Ministry or a department of the public service listed in Schedule 1 of the State Sector Act 1988.
2: However, before withdrawing recognition, the Director-General must consult the agency or person in accordance with section 44ZM
3: The notification given to the agency or person in accordance with section 44ZM(a)(i)
a: specify the grounds for the proposed withdrawal; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to withdraw the recognition.
44ZD: Withdrawal of recognition of recognised class
1: The Director-General may withdraw all or part of the recognition of a recognised class if the Director-General has reasonable grounds to believe that a significant proportion of the members of the class—
a: have ceased to hold a qualification or meet 1 or more other membership criteria according to which the class is defined in the public register in accordance with section 44N(1)(a)
b: have failed to comply with section 44W
2: However, before withdrawing recognition on the ground set out in subsection (1)(b) section 44ZM
3: The notification given to the recognised class in accordance with section 44ZM(a)(ii)
a: specify the grounds for the proposed withdrawal; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to withdraw the recognition.
44ZE: Method of withdrawal of recognition
1: The Director-General must, as soon as practicable after deciding to withdraw all or part of the recognition of a recognised agency, recognised person, or recognised class, notify—
a: a recognised agency or recognised person of the withdrawal of recognition of the agency or person; and
b: a recognised agency of the withdrawal of recognition of a person for whom the agency is responsible; and
c: a recognised person of the withdrawal of recognition of any recognised agency that is responsible for that person; and
d: a recognised class and, if there was an applicant on behalf of the class, the applicant of the withdrawal of recognition of the class.
2: A notice of withdrawal must—
a: be given to a recognised agency, a recognised person, or an applicant by notice in writing; and
b: be given to a recognised class by notifying the class in accordance with section 44ZL
c: specify—
i: the reason for the withdrawal; and
ii: the date and time the withdrawal takes effect; and
iii: the specified functions and activities that the withdrawal relates to; and
d: if applicable, set out the right of the recognised agency, recognised person, or recognised class (under section 77A) to seek a review of the decision to withdraw the recognition.
3: The Director-General may notify any withdrawal of recognition in the Gazette
4: An agency or a person who is recognised under any of sections 44C to 44F
5: An agency or a person whose recognition is withdrawn must, as soon as practicable after the withdrawal of recognition takes effect, take reasonable steps to notify each person who was a client of the agency or person immediately before the withdrawal that the agency's or person’s recognition has been withdrawn. Surrender of recognition
44ZF: Surrender of recognition
1: A recognised agency or recognised person may—
a: surrender his, her, or its recognition by written notice to the Director-General; and
b: specify in the notice a future date on which the surrender is to take effect.
2: Before the date on which a surrender takes effect, the recognised agency or recognised person that is surrendering his, her, or its recognition must,—
a: for a recognised agency, notify the surrender to any recognised persons for whom the agency is responsible; and
b: for a recognised person, notify the surrender to any recognised agency that is responsible for that person; and
c: take reasonable steps to notify each person who will be a client of the agency or person immediately before the surrender that the agency's or person’s recognition is surrendered.
44ZG: Effective date of surrender of recognition
A surrender takes effect on the later of—
a: the date specified in the notice given in accordance with section 44ZF(1)
b: the date on which the Director-General records the surrender in the public register in accordance with section 44ZI(1)(b)(v) section 44ZK(3) Public register of recognised agencies, recognised persons, and recognised classes
44ZH: Public register of recognised agencies, recognised persons, and recognised classes to be kept
1: The Director-General must keep and maintain a public register of each—
a: recognised agency:
b: recognised person:
c: recognised class.
2: The public register may be kept in any manner the Director-General thinks fit, including, either wholly or partially, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded to be readily inspected or reproduced in usable form; and
c: that permits the information to be accessed by electronic means, including by means of remote log-on access.
3: The purpose of the public register is to—
a: enable members of the public and persons operating industries regulated under this Act to know who is recognised to carry out particular functions and activities for the purposes of this Act; and
b: facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
44ZI: Contents of public register
1: The public register must contain all of the following information:
a: for each recognised agency and recognised person,—
i: the full name and the business or other contact address (including the electronic address, if available) of the agency or person; and
ii: any suspension of the agency's or person's recognition; and
b: for each recognised class,—
i: a definition of the class that allows the class to be accurately and readily identified; and
ii: 1 or more of the following:
A: a list of the members of the class:
B: a statement specifying where a copy of a list of the members of the class may be obtained:
C: a statement specifying where information about the membership of the class may be obtained; and
iii: a list of any members, or a description of any categories of members, within the class that are excluded from the recognised class in accordance with section 44G(5)
iv: any suspension of the class's recognition; and
v: a list of any members of the class whose recognition has been suspended, withdrawn, or surrendered and the date on which the suspension, withdrawal, or surrender takes effect; and
c: the specified functions and activities of each recognised agency, recognised person, and recognised class; and
d: the date on which each agency, person, and class was recognised and the duration of that recognition; and
e: any other particulars that are prescribed in regulations.
2: A suspension of recognition that is recorded on the public register must specify—
a: the date and time the suspension starts; and
b: the period of the suspension; and
c: the specified functions and activities that the suspension relates to.
3: If a person is recognised as both a recognised agency and a recognised person, the information referred to in subsection (1)(a)(i) and (c) to (e)
a: be recorded twice, once in the recognised person part of the register, and again in the recognised agency part of the register; or
b: be recorded in one of those areas of the register and cross-referenced in the other area of the register.
44ZJ: Inspection of public register
The Director-General must—
a: make the public register available for public inspection, free of charge, at reasonable hours at the head office of the Ministry; and
b: supply to any person, on request and on payment of a reasonable charge (if any), a copy of any entries on the public register.
44ZK: Removal from public register
1: The Director-General must, as soon as practicable, remove the name of a recognised agency, recognised person, or recognised class from the public register if the period for which the recognition is granted expires and is not extended under section 44Q(3)(b)
2: Subsection (3) section 44E
a: withdrawn under section 44ZC or 44ZD
b: surrendered under section 44ZF
3: The Director-General must, as soon as practicable after withdrawing the recognition or being notified of the surrender,—
a: record the withdrawal or surrender and the date on which it takes effect; and
b: remove that agency, person, or class from the public register. Miscellaneous matters
44ZL: Notification to category or class of persons
1: If any matter is required to be notified to a category or class of persons or a recognised class under this Part, it must be notified in 1 or more of the following ways:
a: by notice in the Gazette
b: by publication in all major metropolitan daily newspapers on at least 2 occasions:
c: by notifying a person who the Director-General is reasonably satisfied represents the category or class or is an appropriate person to receive a notification on behalf of the category or class:
d: if there was an applicant for the recognition of the class, by notifying that applicant:
e: by publication, either temporarily or permanently, on the Ministry’s public Internet site:
f: by mail or email to all members of the category or class:
g: in any other manner that the Director-General is reasonably satisfied will ensure that the matter is sufficiently notified to the category or class.
2: In deciding which methods of notification are most appropriate in any particular case, the Director-General must consider—
a: the nature and significance of the matter required to be notified; and
b: the size and type of the category or class of persons and its characteristics, geographical spread, and degree of representation and organisation.
44ZM: Means of consultation
If the Director-General is required to consult a person or a category or class of persons under this Part, the Director-General must—
a: notify the person or persons of the matter to be consulted on (the matter
i: giving the person written notice; or
ii: notifying the category or class of persons in accordance with section 44ZL
b: give all persons who are notified of the matter a reasonable opportunity to make a written submission on the matter; and
c: if provided for in the notice (at the discretion of the Director-General), give all persons who are notified of the matter a reasonable opportunity to make an oral submission on the matter; and
d: consider any submissions that he or she receives on the matter from any person who was notified of the matter.
44ZN: Director-General may issue notices for certain matters
1: The Director-General may issue notices specifying—
a: requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under this Part
b: competencies, qualifications, experience, or other requirements that must be met—
i: in order for a person to be recognised as a recognised agency or a recognised person under this Part
ii: in order for a class of persons to be recognised as a recognised class under this Part
iii: by a recognised agency, recognised person, or recognised class:
c: performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person or recognised class when it is carrying out, its specified functions and activities.
2: Notices must be issued in accordance with the process set out in section 76A(2) to (7) (applied with all necessary modifications).
3: Notices that are issued under this section are not regulations for the purposes of the Acts and Regulations Publication Act 1989 or the Regulations (Disallowance) Act 1989.
44ZO: Director-General must consider exemption, waiver, or refund of fees
1: The Director-General must consider whether an exemption, a waiver, or a refund of all or part of a prescribed fee, charge, or levy is appropriate if—
a: an application is made under section 44I
b: an application is made under section 44Q
c: 1 person is liable under section 44T sections 44C to 44G
2: However, subsection (1) see
12: Offences
1: Section 55(2)(c) or recognised person , a recognised agency, or a recognised person
2: Section 55(2)(d)
a: by omitting or recognised person , a recognised agency, or a recognised person
b: by omitting execution of any powers conferred on that person exercise or performance of any functions, powers, or duties conferred or imposed
13: Power to prohibit person from importing, manufacturing, selling, or using trade name product or agricultural compound
Section 57A(1)(b) restriction order prohibition order
14: Section 62 repealed
Section 62
15: Protection of ACVM officers and recognised persons
1: The heading to section 63 and recognised persons , recognised agencies, and recognised persons
2: Section 63 or recognised person , recognised agency, or recognised person
16: Regulations
1: Section 75(1)(cd)
iv: the activities or behaviour of recognised agencies to manage or carry out, or recognised persons to carry out, specified functions and activities in relation to agricultural compounds: .
2: Section 75(1)
ha: prescribing requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under Part 3A
hb: prescribing competencies, qualifications, experience, or other requirements that must be met—
i: in order for a person to be recognised as a recognised agency or a recognised person under Part 3A
ii: in order for a class of persons to be recognised as a recognised class under Part 3A
iii: by a recognised agency, recognised person, or recognised class:
hc: prescribing performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person or recognised class when it is carrying out, its specified functions and activities:
hd: prescribing any particulars that must be contained in the public register:
he: prescribing fees, charges, or levies for the purposes of this Act in accordance with the requirements for regulations made under section 81D or 81E, including—
i: fees or charges for applications, renewals, or related matters under this Act (for example, for applications for registration or certificates of compliance under Part 2 or for applications for recognition under Part 3A
ii: fees, charges, or levies that are payable on an ongoing basis by a person given a particular status under this Act (for example, for ongoing recognition under Part 3A .
17: Director-General may set specifications and other detailed requirements
Section 76A(2) recognised by the Director-General as representing considered by the Director-General to represent
18: Right of review of registration decisions made under delegated authority
1: The heading to section 77A registration
2: Section 77A
1: This section applies to any of the following decisions made by a person acting under the delegated authority of the Director-General:
a: any decision made under section 8C:
b: any decision made under section 21:
c: any decision made under section 27:
d: any decision made under section 30A:
e: a decision to cancel any registration under section 32A
f: a decision to refuse an application to recognise an agency under section 44C
g: a decision to refuse an application to recognise a person under section 44E
h: a decision to refuse an application to recognise a class under section 44G
i: a decision to exclude any members, or categories of members, from the recognition of a class under section 44G(5)
j: a decision to vary a condition of recognition under section 44M
k: a decision to suspend, or to extend the suspension of, recognition of an agency, a person, or a class under section 44Y or 44Z
l: a decision to withdraw recognition of an agency, a person, or a class under section 44ZC or 44ZD
19: Consultation before making of Orders in Council
Section 78(1)(a) recognised by the Director-General as representing considered by the Director-General to represent
20: Transitional provision for persons recognised under principal Act
A person who, immediately before the commencement of this Act, was recognised to carry out specified functions under section 62 Part 3A Part 3A
21: Privacy Act 1993 consequentially amended
1: This section amends the Privacy Act 1993
2: Part 1 Agricultural Compounds and Veterinary Medicines Act 1997 section 44ZH 2012-08-31 Privacy Act 1993


Animal Products Amendment Act 2012

1: Title
This Act is the Animal Products Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Animal Products Act 1999 2012-08-31 Animal Products Act 1999
4: Interpretation
1: Section 4(1) recognised agency recognised person recognised risk management programme verifier recognised risk management programme verifying agency recognised agency
a: a person who is recognised by the Director-General under section 101 or 102
b: a group of persons who are recognised by the Director-General under section 102 recognised person
a: is recognised by the Director-General under section 103 or 104
b: is a member of a recognised class, but only—
i: to the extent that the person carries out the specified functions and activities for which the class is recognised; and
ii: while the person continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the public register in accordance with section 112(1)(a) recognised risk management programme verifier recognised risk management programme verifying agency .
2: Section 4(1) notice of recognition
a: a notice of recognition given to a recognised agency or a recognised person in accordance with section 112(1)(b)
b: a notification given to a recognised class in accordance with section 112(1)(c)(i) permissible functions and activities
a: verification functions and activities in relation to risk management programmes:
b: other verification functions and activities in relation to regulated control schemes and export requirements:
c: the provision of independent evaluations of the validity of risk management programmes for the purposes of section 20(2)(b) public register section 112S recognised class section 105 specified functions and activities section 112(2)(a)
a: a recognised agency is responsible for managing and carrying out; or
b: a recognised person may carry out; or
c: persons who are members of a recognised class may carry out .
5: Duties of operators of risk management programmes
Section 16(1)(e) recognised agencies and relevant
6: New heading substituted
The heading above section 35 References to recognised risk management programme verifying agency .
7: New section 35 substituted
Section 35
35: References to recognised risk management programme verifying agency
A reference in this Part to a recognised risk management programme verifying agency, in relation to a risk management programme, must be treated as if it were a reference to a recognised risk management programme verifier if a recognised person carries out the verification functions and activities for that programme without being employed or engaged by a recognised agency.
8: Section 36 repealed
Section 36
9: Director-General may give directions
1: Section 81(1) or recognised agencies recognised agencies, or recognised classes
2: Section 81
3: A direction must be given to a recognised class by notifying the class in accordance with section 112W
10: New Part 8 substituted
Part 8
8: Recognised agencies, persons, and classes of persons
99: Outline of this Part
This Part—
a: establishes a procedure for the recognition of agencies (including recognised risk management programme verifying agencies) that are responsible for managing and carrying out specified functions and activities for the purposes of this Act; and
b: establishes a procedure for the recognition of persons (including recognised risk management programme verifiers) or classes of persons who are to carry out specified functions and activities for the purposes of this Act; and
c: sets out the duties of recognised agencies, recognised persons, and recognised classes, and when their recognition can be suspended or withdrawn; and
d: provides for the establishment and maintenance of a public register of recognised agencies, recognised persons, and recognised classes, and for the public to access the register.
100: Interpretation
In this Part,— requirements of this Act
a: this Act; or
b: regulations made under this Act; or
c: a notice issued under section 167 specified conviction
a: a conviction for an offence against this Act; or
b: a conviction (whether in New Zealand or in another country) for any offence relating to fraud or dishonesty; or
c: a conviction (whether in New Zealand or in another country) for any offence relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or in another country) that—
i: are regulated under this Act or any other Act administered by the Ministry; or
ii: are subject to an overseas regulatory regime similar to that set out in this Act. Recognition of agencies, persons, and classes of persons
101: Recognition of agencies
1: The Director-General may, on the application of a person, recognise that person as an agency that is responsible for the management and carrying out of specified functions and activities.
2: Before recognising an applicant, the Director-General must—
a: consider whether to impose a condition under section 111(1)
b: be satisfied that the applicant is a fit and proper person to manage and carry out the permissible functions and activities for which recognition is sought.
3: In determining whether an applicant is a fit and proper person, the Director-General—
a: must take into account the following matters:
i: the competencies and resources of the applicant to manage and carry out the permissible functions and activities for which recognition is sought; and
ii: any specified conviction entered against the applicant or any director or manager of the applicant; and
iii: the applicant’s character and reputation, including, if appropriate, the character and reputation of the directors of the applicant or of those responsible for its management or control; and
iv: the applicant’s ability to maintain an appropriate degree of impartiality and independence in managing and carrying out the permissible functions and activities for which recognition is sought; and
v: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
102: Recognition of certain agencies without application
1: The Director-General may, without receiving an application under section 101(1) subsection (2)
2: The persons are—
a: the Ministry:
b: any group of persons within the Ministry that is designated by the Director-General for the purpose.
3: Section 101(2) and (3) subsection (1)
103: Recognition of persons
1: The Director-General may, on the application of a natural person, recognise that person to carry out specified functions and activities.
2: Before recognising an applicant, the Director-General must—
a: consider whether to impose a condition under section 111(1)
b: be satisfied that the applicant is a fit and proper person to carry out the permissible functions and activities for which recognition is sought.
3: In determining whether an applicant is a fit and proper person, the Director-General—
a: must take into account the following matters:
i: the competency of the applicant to carry out the permissible functions and activities for which recognition is sought; and
ii: any specified conviction entered against the applicant; and
iii: the applicant’s character and reputation; and
iv: the applicant’s ability to maintain an appropriate degree of impartiality and independence in carrying out the permissible functions and activities for which recognition is sought; and
v: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
104: Recognition of certain persons without application
1: The Director-General may, without receiving an application under section 103(1)
a: any officer or employee of the Ministry:
b: any officer or employee of any department of the public service listed in Schedule 1 of the State Sector Act 1988.
2: Section 103(2) and (3) subsection (1)
105: Recognition of classes of persons
1: The Director-General may recognise a class of natural persons to carry out specified functions and activities.
2: The Director-General may recognise a class of natural persons—
a: on the application of any person who the Director-General is reasonably satisfied—
i: represents that class of persons; or
ii: is an appropriate person to make an application on behalf of that class of persons; or
b: without receiving an application.
3: Before recognising a class of natural persons, the Director-General must—
a: consult the members of the class and the applicant (if any) in accordance with section 112X
b: be satisfied that the class is an appropriate class to carry out the permissible functions and activities for which the class is proposed to be recognised.
4: In determining whether a class is an appropriate class, the Director-General—
a: must take into account the following matters:
i: whether the class can be defined with appropriate accuracy and specificity; and
ii: the degree to which members of the class share common characteristics (for example, qualifications, skills, and experience); and
iii: the degree to which the ordinary qualifications, skills, functions, and activities of members of the class correspond with, and demonstrate adequate competency to carry out, the permissible functions and activities for which the class is proposed to be recognised; and
iv: whether the class is supervised, regulated, governed, or controlled by or under a professional or regulatory body or system (for example, a disciplinary body or system), or an enactment; and
v: whether the class is subject to a code of ethics or standards of professional conduct to which members must adhere; and
vi: any applicable requirements of this Act; and
b: may take into account any other matters that the Director-General considers relevant.
5: If the Director-General recognises a class of persons under this section, the Director-General may, if he or she considers on reasonable grounds that it is appropriate to do so, exclude 1 or more members of the class, or categories of members of the class, from the recognised class ( see section 110
106: Interrelationship between sections 101 to 105
To avoid doubt, a natural person may be recognised under any 1 or more of sections 101 to 105 Recognition process
107: Application for recognition
An application for recognition under section 101, 103, or 105
a: be in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: be accompanied by the prescribed application fee (if any).
108: Director-General may require further information
1: The Director-General may require a person who applies for recognition to supply further information or material before determining whether to grant the recognition.
2: An application for recognition lapses if the additional information or other material is not supplied—
a: within 3 months after the date of the requirement; or
b: within any further time that the Director-General allows by notice in writing.
109: Proposal to refuse application to recognise agency, person, or class of persons
1: If the Director-General proposes to refuse an application for recognition in whole or in part, the Director-General must consult the applicant in accordance with section 112X
2: The notification given to the applicant in accordance with section 112X(a)(i)
a: specify the grounds for proposing to refuse the application; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to refuse the application.
3: If the Director-General finally determines to refuse the application (in whole or in part), the Director-General must, as soon as practicable, give the applicant written notice of—
a: the decision and the Director-General's reasons for it; and
b: if applicable, the applicant's right to seek a review of that decision under section 162.
110: Proposal to exclude members, or categories of members, from recognition of class
1: If the Director-General proposes to exclude any members, or categories of members, from the recognition of a class, the Director-General must consult those members and the applicant (if any) in accordance with section 112X
2: The notification given to the members and the applicant (if any) in accordance with section 112X(a)
a: specify the grounds for proposing to exclude the members; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to exclude the members.
3: If the Director-General finally determines to exclude any members, or categories of members, from the recognition of a class, the Director-General must, as soon as practicable, give those members and the applicant (if any) written notice of—
a: the decision and the Director-General's reasons for it; and
b: if applicable, the members' and the applicant's right to seek a review of that decision under section 162.
111: Director-General may impose or vary conditions of recognition
1: The Director-General may impose any conditions the Director-General thinks fit when he or she recognises an agency, a person, or a class of persons under any of sections 101 to 105
2: The Director-General may vary any conditions by, as appropriate,—
a: giving a recognised agency or a recognised person written notice of the variation; or
b: notifying a recognised class of the variation in accordance with section 112W
3: However, before varying a condition the Director-General must consult the recognised agency, recognised person, or recognised class in accordance with section 112X
4: If a person acting under the delegated authority of the Director-General varies a condition, the recognised agency, the recognised person, or a member of the recognised class to whom the condition applies may seek a review of the variation under section 162.
5: Subsections (3) and (4)
6: In this section, vary
a: to impose additional conditions; or
b: to revoke or amend any conditions.
112: Grant of recognition
1: If the Director-General recognises an agency, a person, or a class of persons, the Director-General must, as soon as practicable,—
a: enter the name of the recognised agency or recognised person, or a definition of the class that allows the class to be accurately and readily identified, in the public register; and
b: for a recognised agency or a recognised person, give the agency or person a notice of recognition; and
c: for a recognised class,—
i: notify the class in accordance with section 112W
ii: if there was an applicant, give the applicant written notice of the recognition of the class.
2: A notice of recognition must specify—
a: the permissible functions and activities for which the recognition is granted; and
b: for a recognised class, any members or categories of members that are excluded from the recognised class in accordance with section 105(5)
c: any conditions of recognition imposed under section 111(1)
d: the duration of the recognition under section 112B
112A: Scope, effect, and transfer of recognition
1: Recognition of a recognised agency or a recognised person applies only to the particular agency or particular person specified in the notice of recognition.
2: If a class of persons is recognised,—
a: that recognition applies—
i: to the class as defined in the public register; and
ii: to each member of that class, but only—
A: to the extent that the member carries out the specified functions and activities for which the class is recognised; and
B: while the member continues to hold the qualifications or meet the other membership criteria according to which the class is defined in the public register in accordance with section 112(1)(a)
b: each member of the class—
i: is a recognised person; and
ii: is subject to the duties of recognised persons set out in section 112H
iii: may independently carry out the specified functions and activities for which the class is recognised; and
iv: may have the recognition of the class of which he or she is a member suspended or withdrawn for him or her only; and
c: all conditions of recognition imposed on the class under section 111
d: a suspension or withdrawal of the recognition of the class, and any condition or corrective action imposed under section 112J(3)
e: each member of the class who carries out the specified functions and activities for which the class is recognised—
i: does so on his or her own account; and
ii: is personally responsible for his or her own actions or omissions.
3: Further to subsection (2)
a: a reference to a recognised person's specified functions and activities were a reference to the specified functions and activities of the recognised class of which he or she is a member; and
b: a reference to a recognised person's recognition were a reference to the class's recognition; and
c: a reference to a recognised person's notice of recognition were a reference to the class's notice of recognition.
4: Recognition may not be transferred to a different agency, person, or class of persons, and may not vest by operation of law in any person other than the agency, person, or class of persons specified in the notice of recognition.
112B: Duration of recognition
1: Recognition has effect for—
a: a specified period commencing and ending on the dates stated in a notice of recognition in accordance with section 112(2)(d)
b: if no period is specified, an indefinite period.
2: However,—
a: recognition ends if it is withdrawn under section 112N or 112O section 112Q
b: recognition has no effect while it is suspended under section 112J or 112K
112C: Renewal of recognition before expiry
1: If an agency, a person, or a class of persons is recognised for a specified period, then no later than 1 month before the end of that period—
a: the agency, the person, or an appropriate representative may apply to the Director-General for renewal of the recognition; or
b: the Director-General may renew the recognition without application if the agency, person, or class was initially recognised by the Director-General without application.
2: In determining whether to renew the recognition of an agency, a person, or a class of persons, the Director-General must consider the matters set out in (as applicable) section 101(2) and (3), 103(2) and (3), or 105(3)(b) and (4)
a: either—
i: the circumstances of the agency, person, or class have not changed; or
ii: if the circumstances of the agency, person, or class have changed, those changes do not adversely affect the current recognition; and
b: the reasons why the Director-General recognised the agency, person, or class still apply; and
c: the agency or person has, or a sufficient proportion of the members of the class have, complied with all applicable conditions of recognition imposed under section 111
3: If the Director-General proposes to vary any conditions of recognition imposed on the agency, person, or class of persons under section 111
a: must vary the conditions in accordance with section 111(2) to (6)
b: may, by notice in writing to the agency, person, or class, temporarily extend the specified period of the existing recognition in order to allow consultation in accordance with section 111(3)
4: Sections 108 to 112B
5: An application under this section that is received by the Director-General after the deadline specified in subsection (1) section 101, 103, or 105
6: In this section, appropriate representative
a: represents the recognised class; or
b: is an appropriate person to make an application on behalf of the class.
112D: Application for renewal of recognition
An application for renewal of recognition under section 112C
a: be in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: be accompanied by the prescribed application fee (if any).
112E: Substituted notice of recognition
1: A recognised agency or a recognised person may apply to the Director-General for a new notice of recognition to be issued in substitution for an existing notice of recognition if—
a: any conditions of recognition imposed on the agency or person are varied under section 111(2)
b: the existing notice has become disfigured or dilapidated, or contains a mistake; or
c: the existing notice has been lost or destroyed.
2: The Director-General must cancel the existing notice of recognition and give a new notice of recognition in substitution for it if—
a: an application for a substituted notice of recognition is made to the Director-General in the appropriate form and manner provided or approved by the Director-General for that purpose; and
b: the application is accompanied by the prescribed application fee (if any).
112F: Ongoing recognition fees, charges, or levies
Recognised agencies and recognised persons must pay the prescribed fee, charge, or levy (if any) for ongoing recognition for the prescribed period on or before the date provided or approved by the Director-General for that purpose. Performance of specified functions and activities
112G: Duties of recognised agencies
1: When carrying out its specified functions and activities, a recognised agency must ensure that it—
a: carries out only functions and activities that are within the scope of those specified; and
b: is adequately resourced and its systems are maintained to a level that ensures it is able to carry out those functions and activities; and
c: has documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and
d: has systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and
e: complies with all conditions of recognition imposed under section 111
f: complies with all applicable directions given under section 81; and
g: complies with all applicable requirements of this Act.
2: When carrying out its specified functions and activities, a recognised agency must also ensure that each recognised person that the agency manages and supplies (if any)—
a: maintains all competency requirements applicable to his or her recognition; and
b: is not placed in a position or a situation that compromises his or her impartiality and independence in carrying out his or her specified functions and activities.
3: The duties in section 112H subsection (1)
112H: Duties of recognised persons
When carrying out his or her specified functions and activities, a recognised person must ensure that he or she—
a: carries out only functions and activities that are within the scope of those specified; and
b: maintains all competency requirements applicable to his or her recognition; and
c: maintains an appropriate degree of impartiality and independence; and
d: maintains appropriate confidentiality (particularly in respect of commercially sensitive matters) relating to operations and activities the person comes into contact with in the course of carrying out those functions and activities (except to the extent that the person is required to report under paragraph (e)
e: reports to the Ministry (or any other specified authority), in accordance with any applicable requirements of this Act,—
i: any matter that a recognised person is required to report; and
ii: for a recognised risk management programme verifier, any failure to comply with, or any inadequacy in, a risk management programme; and
iii: for a recognised person who carries out functions and activities in relation to a regulated control scheme, any failure to comply with the scheme; and
f: complies with all conditions of recognition imposed under section 111
g: complies with all applicable directions given under section 81; and
h: complies with all applicable requirements of this Act.
112I: Recognised agency or person may act in other capacities
Nothing in section 112G or 112H
a: in the agency's or person's capacity as a recognised agency or a recognised person; or
b: while purporting to act as a recognised agency or a recognised person. Suspension of recognition
112J: Suspension of recognition of recognised agency, recognised person, or recognised class
1: The Director-General may suspend all or part of the recognition of a recognised agency, recognised person, or recognised class if the Director-General has reasonable grounds to believe that—
a: the performance of the agency, person, or a significant proportion of the members of the class is unsatisfactory, taking into account the requirements of the recognition; or
b: the agency, person, or a significant proportion of the members of the class no longer meets 1 or more of the criteria on which that agency, person, or class was recognised under whichever of sections 101 to 105
c: the agency, person, or a significant proportion of the members of the class has failed to comply with section 112G or 112H
d: for an agency or a person, the agency or person has failed to pay an ongoing recognition fee, charge, or levy within 30 days after the date on which it was due and payable.
2: The maximum period of suspension is 3 months.
3: The Director-General may do either or both of the following:
a: impose conditions that must be satisfied before the suspension is lifted:
b: require a suspended agency, person, or class to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
112K: Director-General may extend suspension of recognition
1: The Director-General may extend the period of a suspension under section 112J
a: any conditions imposed under that section have not been satisfied within the suspension period; or
b: any corrective actions imposed under that section have not been fulfilled within the suspension period.
2: The period of extension—
a: may be for any further period that the Director-General notifies in writing to the agency or the person, or notifies to the class in accordance with section 112W
b: must not exceed a further 3 months.
3: The Director-General may (in addition to any conditions or requirements imposed under section 112J(3)
a: impose conditions that must be satisfied before the extended period of suspension is lifted:
b: require a suspended agency, person, or class to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
112L: Method of suspension of recognition
1: The Director-General must, as soon as practicable after deciding to suspend, or extend the suspension of, a recognised agency, recognised person, or recognised class, notify—
a: a recognised agency or recognised person of the suspension of the agency or person; and
b: a recognised agency of the suspension of a recognised person for whom the agency is responsible; and
c: a recognised person of the suspension of any recognised agency that is responsible for that person; and
d: a recognised class of the suspension of the class.
2: A notice of suspension must—
a: be given to a recognised agency or a recognised person by notice in writing; and
b: be given to a recognised class by notifying the class in accordance with section 112W
c: specify—
i: the reason for the suspension; and
ii: the date and time the suspension starts; and
iii: the period of the suspension; and
iv: the specified functions and activities that the suspension relates to; and
v: any conditions or corrective actions imposed under section 112J(3) or 112K(3)
d: if applicable, set out the right of the recognised agency, recognised person, or recognised class (under section 162) to seek a review of the decision to suspend the recognition of the agency, person, or class.
3: The Director-General may notify any suspension of recognition in the Gazette
4: In subsections (1) to (3) suspension
112M: Suspension does not limit other actions
A suspension under section 112J section 112K Withdrawal of recognition
112N: Withdrawal of recognition of recognised agency or recognised person
1: The Director-General may withdraw all or part of the recognition of a recognised agency or a recognised person if the Director-General has reasonable grounds to believe that—
a: suspending all or part of the agency’s or person’s recognition under section 112J section 112K
b: the agency or person is no longer a fit and proper person to carry out the agency's or person's specified functions and activities; or
c: the agency or person has failed to comply with section 112G or 112H
d: the agency or person has ceased to operate as a recognised agency or a recognised person; or
e: the agency or person has continued to fail to pay an ongoing recognition fee, charge, or levy after the agency's or person's recognition has been suspended on the ground set out in section 112J(1)(d)
f: the agency or person has failed to comply with or maintain any criteria or competencies that led to the recognition of the agency or person; or
g: the agency is no longer the appropriate agency to hold the recognition, but only if the agency is, or is within, the Ministry or a department of the public service listed in Schedule 1 of the State Sector Act 1988.
2: However, before withdrawing recognition, the Director-General must consult the agency or person in accordance with section 112X
3: The notification given to the agency or person in accordance with section 112X(a)(i)
a: specify the grounds for the proposed withdrawal; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to withdraw the recognition.
112O: Withdrawal of recognition of recognised class
1: The Director-General may withdraw all or part of the recognition of a recognised class if the Director-General has reasonable grounds to believe that a significant proportion of the members of the class—
a: have ceased to hold a qualification or meet 1 or more other membership criteria according to which the class is defined in the public register in accordance with section 112(1)(a)
b: have failed to comply with section 112H
2: However, before withdrawing recognition on the ground set out in subsection (1)(b) section 112X
3: The notification given to the recognised class in accordance with section 112X(a)(ii)
a: specify the grounds for the proposed withdrawal; and
b: include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to withdraw the recognition.
112P: Method of withdrawal of recognition
1: The Director-General must, as soon as practicable after deciding to withdraw all or part of the recognition of a recognised agency, recognised person, or recognised class, notify—
a: a recognised agency or recognised person of the withdrawal of recognition of the agency or person; and
b: a recognised agency of the withdrawal of recognition of a person for whom the agency is responsible; and
c: a recognised person of the withdrawal of recognition of any recognised agency that is responsible for that person; and
d: a recognised class and, if there was an applicant on behalf of the class, the applicant of the withdrawal of recognition of the class.
2: A notice of withdrawal must—
a: be given to a recognised agency, a recognised person, or an applicant by notice in writing; and
b: be given to a recognised class by notifying the class in accordance with section 112W
c: specify—
i: the reason for the withdrawal; and
ii: the date and time the withdrawal takes effect; and
iii: the specified functions and activities that the withdrawal relates to; and
d: if applicable, set out the right of the recognised agency, recognised person, or recognised class (under section 162) to seek a review of the decision to withdraw the recognition.
3: The Director-General may notify any withdrawal of recognition in the Gazette
4: An agency or a person who is recognised under any of sections 101 to 104
5: An agency or a person whose recognition is withdrawn must, as soon as practicable after the withdrawal of recognition takes effect, take reasonable steps to notify each person who was a client of the agency or person immediately before the withdrawal that the agency's or person’s recognition has been withdrawn. Surrender of recognition
112Q: Surrender of recognition
1: A recognised agency or recognised person may—
a: surrender his, her, or its recognition by written notice to the Director-General; and
b: specify in the notice a future date on which the surrender is to take effect.
2: Before the date on which a surrender takes effect, the recognised agency or recognised person that is surrendering his, her, or its recognition must,—
a: for a recognised agency, notify the surrender to any recognised persons for whom the agency is responsible; and
b: for a recognised person, notify the surrender to any recognised agency that is responsible for that person; and
c: take reasonable steps to notify each person who will be a client of the agency or person immediately before the surrender that the agency's or person’s recognition is surrendered.
112R: Effective date of surrender of recognition
A surrender takes effect on the later of—
a: the date specified in the notice given in accordance with section 112Q(1)
b: the date on which the Director-General records the surrender in the public register in accordance with section 112T(1)(b)(v) section 112V(3) Public register of recognised agencies, recognised persons, and recognised classes
112S: Public register of recognised agencies, recognised persons, and recognised classes to be kept
1: The Director-General must keep and maintain a public register of each—
a: recognised agency:
b: recognised person:
c: recognised class.
2: The public register may be kept in any manner the Director-General thinks fit, including, either wholly or partially, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded to be readily inspected or reproduced in usable form; and
c: that permits the information to be accessed by electronic means, including by means of remote log-on access.
3: The purpose of the public register is to—
a: enable members of the public and persons operating industries regulated under this Act to know who is recognised to carry out particular functions and activities for the purposes of this Act; and
b: facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
112T: Contents of public register
1: The public register must contain all of the following information:
a: for each recognised agency and recognised person,—
i: the full name and the business or other contact address (including the electronic address, if available) of the agency or person; and
ii: any suspension of the agency's or person's recognition; and
b: for each recognised class,—
i: a definition of the class that allows the class to be accurately and readily identified; and
ii: 1 or more of the following:
A: a list of the members of the class:
B: a statement specifying where a copy of a list of the members of the class may be obtained:
C: a statement specifying where information about the membership of the class may be obtained; and
iii: a list of any members, or a description of any categories of members, within the class that are excluded from the recognised class in accordance with section 105(5)
iv: any suspension of the class's recognition; and
v: a list of any members of the class whose recognition has been suspended, withdrawn, or surrendered and the date on which the suspension, withdrawal, or surrender takes effect; and
c: the specified functions and activities of each recognised agency, recognised person, and recognised class; and
d: the date on which each agency, person, and class was recognised and the duration of that recognition; and
e: any other particulars that are prescribed in regulations made under this Act.
2: A suspension of recognition that is recorded on the public register must specify—
a: the date and time the suspension starts; and
b: the period of the suspension; and
c: the specified functions and activities that the suspension relates to.
3: If a person is recognised as both a recognised agency and a recognised person, the information referred to in subsection (1)(a)(i) and (c) to (e)
a: be recorded twice, once in the recognised person part of the register, and again in the recognised agency part of the register; or
b: be recorded in one of those areas of the register and cross-referenced in the other area of the register.
112U: Inspection of public register
The Director-General must—
a: make the public register available for public inspection, free of charge, at reasonable hours at the head office of the Ministry; and
b: supply to any person, on request and on payment of a reasonable charge (if any), a copy of any entries on the public register.
112V: Removal from public register
1: The Director-General must, as soon as practicable, remove the name of a recognised agency, recognised person, or recognised class from the public register if the period for which the recognition is granted expires and is not extended under section 112C(3)(b)
2: Subsection (3) section 103
a: withdrawn under section 112N or 112O
b: surrendered under section 112Q
3: The Director-General must, as soon as practicable after withdrawing the recognition or being notified of the surrender,—
a: record the withdrawal or surrender and the date on which it takes effect; and
b: remove that agency, person, or class from the public register. Miscellaneous matters
112W: Notification to category or class of persons
1: If any matter is required to be notified to a category or class of persons or a recognised class under this Part, it must be notified in 1 or more of the following ways:
a: by notice in the Gazette
b: by publication in all major metropolitan daily newspapers on at least 2 occasions:
c: by notifying a person who the Director-General is reasonably satisfied represents the category or class or is an appropriate person to receive a notification on behalf of the category or class:
d: if there was an applicant for the recognition of the class, by notifying that applicant:
e: by publication, either temporarily or permanently, on the Ministry’s public Internet site:
f: by mail or email to all members of the category or class:
g: in any other manner that the Director-General is reasonably satisfied will ensure that the matter is sufficiently notified to the category or class.
2: In deciding which methods of notification are most appropriate in any particular case, the Director-General must consider—
a: the nature and significance of the matter required to be notified; and
b: the size and type of the category or class of persons and its characteristics, geographical spread, and degree of representation and organisation.
112X: Means of consultation
If the Director-General is required to consult a person or a category or class of persons under this Part, the Director-General must—
a: notify the person or persons of the matter to be consulted on (the matter
i: giving the person written notice; or
ii: notifying the category or class of persons in accordance with section 112W
b: give all persons who are notified of the matter a reasonable opportunity to make a written submission on the matter; and
c: if provided for in the notice (at the discretion of the Director-General), give all persons who are notified of the matter a reasonable opportunity to make an oral submission on the matter; and
d: consider any submissions that he or she receives on the matter from any person who was notified of the matter.
112Y: Director-General may require notification of termination of contracts
1: The Director-General may, by notice under section 167, require any recognised risk management programme verifier or recognised risk management programme verifying agency to notify the Director-General of the termination of any contract with a client for managing or carrying out verification functions and activities.
2: The notice may apply generally or to any particular case or class of case.
3: The recognised risk management programme verifier or recognised risk management programme verifying agency must notify the Director-General in writing of the termination as soon as practicable, and in no case later than 7 days after it occurs.
112Z: Director-General must consider exemption, waiver, or refund of fees
1: The Director-General must consider whether an exemption, a waiver, or a refund of all or part of a prescribed fee, charge, or levy is appropriate if—
a: an application is made under section 107
b: an application is made under section 112C
c: 1 person is liable under section 112F sections 101 to 105
2: However, subsection (1) see
11: Offences involving deception
Section 127(1)(f)
a: inserting recognised agency, official assessor,
b: omitting or body
12: Offence of breach of duty
1: Section 134(1)(b) 106 112G
2: Section 134(1)(c) 107 112H
3: Section 134(3)(a)(iii) recognised persons recognised agencies and recognised persons
4: Section 134(3)(b)(i) 107(c) 112H(c)
5: Section 134(3)(b)(ii)
a: omitting 107(e) 112H(e)
b: omitting appropriate Ministry official Ministry
6: Section 134(3)(b)(iii)
13: Evidence in proceedings
1: Section 140(1)(c) an analyst or a recognised person an analyst, a recognised agency, or a recognised person
2: Section 140(3) an analyst or a recognised person an analyst, a recognised agency, or a recognised person
14: Right of review of certain decisions made under delegated authority
1: Section 162(1) , or by a person or organisation acting pursuant to an arrangement or contract with the Director-General
2: Section 162(1)
3: Section 162(1)
h: a decision to refuse an application to recognise an agency under section 101
i: a decision to refuse an application to recognise a person under section 103
j: a decision to refuse an application to recognise a class under section 105
k: a decision to exclude any members, or categories of members, from the recognition of a class under section 105(5)
l: a decision to vary a condition of recognition under section 111
m: a decision to suspend, or to extend the suspension of, recognition of an agency, a person, or a class under section 112J or 112K
n: a decision to withdraw recognition of an agency, a person, or a class under section 112N or 112O
15: Directions, etc, to non-Ministry persons with functions under Act
Section 165A
1A: However, section 112W
16: Regulations
1: Section 166(1)
e: prescribing requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under Part 8
ea: prescribing competencies, qualifications, experience, or other requirements that must be met—
i: in order for a person to be recognised as a recognised agency or a recognised person under Part 8
ii: in order for a class of persons to be recognised as a recognised class under Part 8
iii: by a recognised agency, recognised person, or recognised class:
iv: by an official assessor:
eb: prescribing performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person, a recognised class, or an official assessor when it is carrying out, its specified functions and activities:
ec: prescribing any particulars that must be contained in the public register: .
2: Section 166(1)
i: prescribing fees, charges, or levies for the purposes of this Act in accordance with the requirements for regulations made under section 117 or 118, including—
i: fees or charges for applications, renewals, or related matters under this Act (for example, for applications for registration under Part 2 or 5 or for applications for recognition under Part 8
ii: fees, charges, or levies that are payable on an ongoing basis by a person given a particular status under this Act (for example, for ongoing registration under Part 2 or 5, for ongoing listing under Part 6, or for ongoing recognition under Part 8 .
3: Section 166(1)
17: Notices
1: Section 167(1)
e: notifying requirements in relation to the termination of contracts with recognised risk management programme verifiers or recognised risk management programme verifying agencies under section 112Y .
2: Section 167(1)
m: specifying requirements and procedures for the recognition and renewal of recognition of agencies, persons, and classes of persons under Part 8
maa: specifying competencies, qualifications, experience, or other requirements that must be met—
i: in order for a person to be recognised as a recognised agency or a recognised person under Part 8
ii: in order for a class of persons to be recognised as a recognised class under Part 8
iii: by a recognised agency, recognised person, or recognised class:
iv: by an official assessor:
maab: specifying performance standards or other requirements that must be met by a recognised agency when it is managing or carrying out, or a recognised person, a recognised class, or an official assessor when it is carrying out, its specified functions and activities: .
3: Section 167(1)
18: Transitional provision for agencies or persons recognised under principal Act
An agency or a person that, immediately before the commencement of this Act, was recognised to carry out specified functions under Part 8 Act
19: Privacy Act 1993 consequentially amended
1: This section amends the Privacy Act 1993
2: The item relating to the Animal Products Act 1999 in Part 1 112 112S 2012-08-31 Privacy Act 1993


Companies Amendment Act (No 2) 2012

1: Title
This Act is the Companies Amendment Act (No 2) 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Companies Act 1993 2012-08-31 Companies Act 1993
4: Stock exchange acquisitions not subject to prior notice to shareholders
1: Section 65(2A)
2: Section 65(3) or subsection (2A)
5: Interest payable on outstanding payments
1: Section 112B
1: Interest on any sum that must be paid under section 112 or 112A that is outstanding after the date on which it falls due is payable,—
a: in the case of a share price determined under section 112, at the same rate of interest as the prescribed rate under section 87(3) of the Judicature Act 1908; and
b: in the case of a share price determined under section 112A, on the basis and at the rate that the arbitral tribunal thinks fit having regard to all of the circumstances.
2: Section 112B(2) subsection (1) subsection (1)(b)
6: Termination of deed
Section 239ADC
2: The deed administrator must give written notice to the Registrar of the fact that a deed has been terminated under subsection (1)(a) or (c).
7: Insolvent transaction voidable
Section 292(4) section 32(1) section 32(1) or (5)
8: Service of other documents on companies
Section 388
2: Subsection (1) is subject to section 391(3A) to (3C)
9: Service of other documents on overseas companies
Section 390
2: Subsection (1) is subject to section 391(3A) to (3C)
10: Service of documents on shareholders and creditors
Section 391
3A: Despite subsections (1) to (3), a shareholder or creditor may notify the company—
a: that the shareholder or creditor wishes to receive documents by electronic means; and
b: of the electronic address to which documents are to be delivered.
3B: Notification in accordance with subsection (3A)
3C: If a shareholder or creditor notifies the company under subsection (3A)
11: Schedule 1 amended
1: Clause 3
3: Methods of holding meetings
A meeting of shareholders may be held by a quorum of the shareholders—
a: being assembled together at the time and place appointed for the meeting; or
b: participating in the meeting by means of audio, audio and visual, or electronic communication; or
c: by a combination of both of the methods described in paragraphs (a) and (b)
2: Clause 4
4: To avoid doubt, a shareholder participating in a meeting by means of audio, audio and visual, or electronic communication is present at the meeting and part of the quorum.
3: Clause 5(2) or (c) clause (3)(b) the shareholders signifying individually their assent or dissent by voice any method permitted by the chairperson of the meeting
4: Clause 6(3) or, in the case of an electronic notice, sent by signed by
5: Clause 6
3A: A shareholder may appoint more than 1 proxy for a particular meeting, provided that more than 1 proxy is not appointed to exercise the rights attached to a particular share held by the shareholder.
6: Clause 7(1)
1A: To avoid doubt, a postal vote may be cast using electronic means permitted by the board.
7: Schedule 1
14: Shareholder participation by electronic means
1: For the purposes of this schedule, a shareholder, or the shareholder's proxy or representative, may participate in a meeting by means of audio, audio and visual, or electronic communication if—
a: the board approves those means; and
b: the shareholder, proxy, or representative complies with any conditions imposed by the board in relation to the use of those means (including, for example, conditions relating to the identity of the shareholder, proxy, or representative and that person's approval or authentication (including electronic authentication) of the information communicated by electronic means).
2: To avoid doubt, participation in a meeting includes participation in any manner specified in this schedule or permitted by the constitution of the company.
12: Consequential amendments to Companies (Voluntary Administration) Regulations 2007
1: This section amends the Companies (Voluntary Administration) Regulations 2007
2: Clause 16(3) section 239ADC(c) section 239ADC(1)(c)
3: Clause 17(1)(c)(iii)(B) section 239ADC(c) section 239ADC(1)(c)
4: Clause 17(2) section 239ADC(c) section 239ADC(1)(c) 2012-08-31 Companies (Voluntary Administration) Regulations 2007