Animal Products Act 1999

Recognised agencies, persons, and classes of persons - Recognition of agencies, persons, and classes of persons

105: Recognition of classes of persons

You could also call this:

"The Director-General can approve certain groups to do specific jobs, like animal handling, if they are suitable."

The Director-General can recognise a group of people to do certain jobs and activities. You might be part of a group that the Director-General recognises. The Director-General can do this with or without someone asking them to.

Before the Director-General recognises a group, they must talk to the people in the group and the person who asked for recognition, if someone did ask. The Director-General must also think the group is suitable to do the jobs and activities they will be recognised for, according to section 112X. You can find more information about this in the law.

When deciding if a group is suitable, the Director-General thinks about things like whether the group has common characteristics, such as qualifications or skills. They also think about whether the group is supervised or has rules to follow, and if they meet the requirements of the Animal Products Act. The Director-General can think about other things too, if they want to.

If the Director-General recognises a group, they can choose to exclude some people from the group, if they think it is a good idea, as explained in section 110. This means some people in the group might not be included when the group is recognised.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4715471.


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104: Recognition of certain persons without application, or

"Some people can be approved to do certain jobs without having to ask."


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106: Interrelationship between sections 101 to 105, or

"You can have multiple roles and be recognised differently under the law for each one."

Part 8Recognised agencies, persons, and classes of persons
Recognition of agencies, persons, and classes of persons

105Recognition 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—

  3. on the application of any person who the Director-General is reasonably satisfied—
    1. represents that class of persons; or
      1. is an appropriate person to make an application on behalf of that class of persons; or
      2. without receiving an application.
        1. Before recognising a class of natural persons, the Director-General must—

        2. consult the members of the class and the applicant (if any) in accordance with section 112X about the application for recognition of the class; and
          1. 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.
            1. In determining whether a class is an appropriate class, the Director-General—

            2. must take into account the following matters:
              1. whether the class can be defined with appropriate accuracy and specificity; and
                1. the degree to which members of the class share common characteristics (for example, qualifications, skills, and experience); and
                  1. 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
                    1. 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
                      1. whether the class is subject to a code of ethics or standards of professional conduct to which members must adhere; and
                        1. any applicable requirements of this Act; and
                        2. may take into account any other matters that the Director-General considers relevant.
                          1. 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).

                          Notes
                          • Section 105: replaced, on , by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).