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Weights and Measures Act 1987

Administration - Accredited persons

30DA: Suspension of accreditation

You could also call this:

“When an accredited person can be stopped from working for a while”

The Secretary can stop you from being an accredited person for a while if you don’t follow the rules. This is called suspension. The Secretary can do this if you no longer meet the requirements, don’t follow the conditions, don’t do your job well enough, or if you break a specific law.

If your name is on a special letter of accreditation, the Secretary can also suspend you for not following the conditions, not doing your job well, or breaking a specific law.

The Secretary can suspend you for up to 28 days. They can also end the suspension early if they want to.

If you get suspended, the Secretary will send you a letter. This letter will tell you why you’re suspended, when it starts, and how long it will last. The suspension can’t start before you get the letter.

The Secretary doesn’t have to talk to you before suspending you.

The letter is considered delivered to you 3 working days after it’s posted to your address. If it’s sent by fax or email, it’s considered delivered the next working day. If it’s handed to you, it’s considered delivered that day.

If you can prove you didn’t get the letter, and it wasn’t your fault, then it’s not considered delivered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102920.

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Part 5 Administration
Accredited persons

30DASuspension of accreditation

  1. The Secretary may suspend the accreditation of any person as an accredited person if the Secretary is satisfied that the person—

  2. no longer meets all the requirements for accreditation prescribed by regulations made under this Act; or
    1. has failed to comply with any condition imposed by the Secretary in respect of that person's accreditation; or
      1. has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
        1. has been convicted of an offence against section 32(fa).

          1. The Secretary may suspend the accreditation of any person whose name is specified in a letter of accreditation under section 30A(2) if the Secretary is satisfied that the person—

          2. has failed to comply with any condition imposed by the Secretary in respect of that letter of accreditation; or
            1. has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
              1. has been convicted of an offence against section 32(fa).

                1. The Secretary may make a suspension under subsection (1) or subsection (2) for a period of no more than 28 days.

                2. The Secretary may at any time, of his or her own motion, revoke a suspension made under subsection (1) or subsection (2).

                3. Every suspension under subsection (1) or subsection (2) must be communicated to the person concerned by notice in writing, which must state—

                4. the effect of the suspension; and
                  1. the reasons for the suspension; and
                    1. the date on which the suspension begins, which must be no earlier than the date on which the notice is deemed to have been received by that person; and
                      1. the period of the suspension.

                        1. The Secretary is not obliged to give a person an opportunity to be heard before the Secretary suspends the accreditation of that person under subsection (1) or subsection (2).

                        2. For the purposes of subsection (5),—

                        3. a notice that is posted to a person's last known business or residential address is deemed to be received by that person 3 working days after the date on which it is posted:
                          1. a notice that is sent to a person at a fax number or electronic address is deemed to be received by that person on the working day following the day on which it is sent:
                            1. a notice that is personally delivered to a person is deemed to be received by that person on the day on which it is delivered.

                              1. Despite subsection (7), a notice is not deemed to have been received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on that person's part.

                              Notes
                              • Section 30DA: inserted, on , by section 7 of the Weights and Measures Amendment Act 2005 (2005 No 118).