103Cancellation

1. The Secretary must cancel a provider's approval if—

2. the provider has made a false or misleading representation in any application for approval—
   1. that has led to the approval being granted:
   2. that has led to the approval being granted on more favourable conditions than would otherwise have been imposed:
3. the provider is convicted of an offence punishable by imprisonment and the conviction reflects on his or her fitness to practise, or tends to bring his or her profession into disrepute:
4. the provider takes an unauthorised payment from or in respect of a person in relation to any legal aid service or specified legal service provided to that person:
5. the provider is no longer entitled to hold a practising certificate:
6. the Disciplinary Tribunal has made any of the following orders under section 242(1) of the Lawyers and Conveyancers Act 2006:
   1. striking a practitioner off the roll:
   2. suspending the practitioner from practice:
   3. terminating the practitioner’s employment or prohibiting the practitioner from employment by any practitioner or incorporated firm:
7. the Secretary is satisfied that the approval was given by mistake.

8. The effect of a cancellation is that the person ceases to be approved to provide the relevant service, and the Secretary is not obliged to pay for any services of that kind provided after the date on which the cancellation takes effect.

9. The Secretary must give written notice of the cancellation to the person to whom it applies.

10. The written notice must specify—

11. when the cancellation takes effect, which must be a date on or after the date on which the Secretary reasonably considers the person will receive the notice or will be deemed to have received it by virtue of section 115(2); and
12. the grounds of the cancellation.

13. In any case where a notice of cancellation is posted to a person at the person's last known place of residence or business in New Zealand and the Secretary knows or believes that the address is no longer current, then—

14. the notice is not invalid merely because of that knowledge or belief; and
15. the fact that the person has not received the notice is, despite section 115(2), only relevant if it is proved that the failure occurred through no fault of the person.