Plain language law

New Zealand law explained for everyone

Animal Products Act 1999

Export of animal material and products - Registration of exporters

58: Deregistration of exporters

You could also call this:

"What happens if an exporter breaks the rules and gets removed from the official list"

The Director-General can remove you from the register of exporters if you fail to comply with your duties as stated in section 51. You can also be removed if you are not a fit and proper person to be an exporter, or if you have been convicted of a crime that makes you unsuitable. The Director-General can remove you if you do not pay your fees on time, and the overdue fees have been unpaid for more than 30 days, as stated in section 57.

Before removing you from the register, the Director-General must tell you in writing that they plan to do so, and explain why. You will have a chance to give evidence and make submissions as to why you should not be removed. The Director-General must consider what you say before making a final decision.

In some cases, the Director-General may need to act quickly to protect human or animal health, or New Zealand's export reputation. If so, they can direct you to stop exporting, and give you other instructions as stated in section 82. You must follow these directions. After considering your submissions, the Director-General will make a final decision about whether to remove you from the register, and will tell you their decision in writing.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM34825.

Previous

57: Annual registration fee payable, or

"You must pay a yearly fee to stay registered as an exporter."

Next

59: Refusal to register or decision to deregister may be reviewed in certain cases, or

"You can appeal if your exporter registration is refused or cancelled"

Part 5Export of animal material and products
Registration of exporters

58Deregistration of exporters

  1. The Director-General may remove a person from the register of exporters if satisfied that—

  2. there has been a serious or repeated failure by the applicant to comply with the duties specified in section 51; or
    1. the person is disqualified from being registered as an exporter by virtue of section 54(3), or is not a fit and proper person to be registered as an exporter having regard to any conviction of a kind referred to in section 54(2)(a) that—
      1. arose after the person's registration as an exporter; or
        1. first came to the attention of the Director-General after the person's registration as an exporter; or
        2. any failure to pay the annual fee or other fee prescribed for the purposes of section 57 by the due date has persisted for more than 30 days.

          1. Before removing a person from the register, the Director-General must—

          2. notify the person in writing of his or her intention, giving the reasons for that intention and the facts and assumptions on which it is based; and
            1. give the person a reasonable opportunity, within the time specified in the written notice, to provide evidence, information, and submissions as to why the person should not be removed from the register.

              1. Where the Director-General considers it urgently necessary in the interests of human or animal health, or the integrity or reputation of New Zealand exports,—

              2. the Director-General may direct the exporter to suspend all export operations, or such operations as the Director-General may specify, pending a final determination as to whether the exporter should be deregistered, and may also give such directions under section 82 as appear to the Director-General to be reasonable in relation to any animal material or products under the control of the exporter at the time the direction is given; and
                1. any such direction takes effect from the date of the notification under subsection (2), or such later date as the Director-General specifies; and
                  1. the exporter must comply with the direction.

                    1. After considering the material (if any) supplied by a person under subsection (2)(b), the Director-General must—

                    2. make a final decision as to whether or not to remove the person from the register; and
                      1. as soon as practicable, notify the person of the decision in writing, giving reasons and the facts or assumptions on which the decision is based in the case of an unfavourable decision.

                        Notes
                        • Section 58(1)(c): amended, on , by section 105 of the Food Safety Law Reform Act 2018 (2018 No 3).
                        • Section 58(4): amended, on , by section 25 of the Animal Products Amendment Act 2002 (2002 No 29).