Part 8Recognised agencies, persons, and classes of persons
Withdrawal of recognition
112NWithdrawal of recognition of recognised agency or recognised person
The Director-General may withdraw all or part of the recognition of a recognised agency or a recognised person if the Director-General has reasonable grounds to believe that—
- suspending all or part of the agency’s or person’s recognition under section 112J (or extending a suspension under section 112K) would be justified, but repeated suspensions in the past have been ineffective; or
- the agency or person is no longer a fit and proper person to carry out the agency's or person's specified functions and activities; or
- the agency or person has failed to comply with section 112G or 112H or any other applicable requirements of this Act, and that failure causes the Director-General to question the agency’s or the person’s ability to carry out the agency's or person's specified functions or activities; or
- the agency or person has ceased to operate as a recognised agency or a recognised person; or
- the agency or person has continued to fail to pay an ongoing recognition fee, charge, or levy after the agency's or person's recognition has been suspended on the ground set out in section 112J(1)(d); or
- the agency or person has failed to comply with or maintain any criteria or competencies that led to the recognition of the agency or person; or
- the agency is no longer the appropriate agency to hold the recognition, but only if the agency is, or is within, the Ministry or a department as defined in section 5 of the Public Service Act 2020.
However, before withdrawing recognition, the Director-General must consult the agency or person in accordance with section 112X about the proposed withdrawal of recognition, unless the agency is, or is within, the Ministry or the person is within the Ministry.
The notification given to the agency or person in accordance with section 112X(a)(i) must—
- specify the grounds for the proposed withdrawal; and
- include a copy (or an adequate summary) of all material information the Director-General relies on in proposing to withdraw the recognition.
Notes
- Section 112N: inserted, on , by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).
- Section 112N(1)(g): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).