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Animal Products Act 1999

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

112A: Scope, effect, and transfer of recognition

You could also call this:

"What recognition as an animal product handler means and how it applies to you"

When you are recognised as an agency or person under the Animal Products Act, this recognition only applies to you. If a group of people is recognised, the recognition applies to the whole group and to each person in the group, but only when they are doing the specific tasks they are recognised for. You must also meet the qualifications or criteria that define the group.

When you are part of a recognised group, you are a recognised person and you have to follow the rules set out in section 112H. You can do the tasks that your group is recognised for, and you are responsible for your own actions. If your group's recognition is suspended or withdrawn, this can also happen to you individually.

You cannot transfer your recognition to someone else, and it cannot automatically go to someone else either. Recognition only applies to the person or group specified in the notice of recognition, and you must follow the conditions and rules that apply to your recognition, as set out in section 111 and section 112J(3). The rules that apply to your group also apply to you, and you must follow them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4715481.

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112: Grant of recognition, or

"When someone is officially recognised, their details are recorded and they get a notice saying what they can do."

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112B: Duration of recognition, or

"How long your recognition lasts"

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

112AScope, 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,—

  3. that recognition applies—
    1. to the class as defined in the public register; and
      1. to each member of that class, but only—
        1. to the extent that the member carries out the specified functions and activities for which the class is recognised; and
          1. 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); and
        2. each member of the class—
          1. is a recognised person; and
            1. is subject to the duties of recognised persons set out in section 112H; and
              1. may independently carry out the specified functions and activities for which the class is recognised; and
                1. may have the recognition of the class of which he or she is a member suspended or withdrawn for him or her only; and
                2. all conditions of recognition imposed on the class under section 111, and all directions or other requirements that apply to the class, also apply to, and must be complied with by, each member of the class individually; and
                  1. a suspension or withdrawal of the recognition of the class, and any condition or corrective action imposed under section 112J(3) on the suspension of the class, also applies to each member of the class individually; and
                    1. each member of the class who carries out the specified functions and activities for which the class is recognised—
                      1. does so on his or her own account; and
                        1. is personally responsible for his or her own actions or omissions.

                        2. Further to subsection (2), this Part applies to a recognised person who is recognised by virtue of being a member of a recognised class, as far as applicable and with all necessary modifications, as if—

                        3. 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
                          1. a reference to a recognised person's recognition were a reference to the class's recognition; and
                            1. a reference to a recognised person's notice of recognition were a reference to the class's notice of recognition.

                              1. 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.

                              Notes
                              • Section 112A: inserted, on , by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).