Medicines Act 1981

Provisions relating to licences - Restrictions on persons allowed to operate pharmacies

55G: Exemption for mortgagees in possession

You could also call this:

"Temporary pharmacy licence for people taking over unpaid mortgages"

Illustration for Medicines Act 1981

You can get a licence to operate a pharmacy for a short time if you are a mortgagee in possession. This means you have taken control of the pharmacy because the owner has not paid their mortgage. You can get a licence for 3 months or for a longer time if the licensing authority agrees. You might be wondering what a mortgagee in possession is. It is someone who has taken control of a property, like a pharmacy, because the owner has not paid their mortgage. This term is explained in section 4 of the Property Law Act 2007. If you are a mortgagee in possession of a pharmacy, you can operate it even though there are rules that normally stop people from doing so, like those in sections 55D and 55E. The licensing authority can impose conditions on your licence. They can also decide how long your licence will last.

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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=DLM56030.


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56: Interpretation, or

"What special words mean in the Medicines Act"

Part 3Provisions relating to licences
Restrictions on persons allowed to operate pharmacies

55GExemption for mortgagees in possession

  1. Despite sections 55D and 55E, a mortgagee in possession of a pharmacy may be granted a licence to operate that pharmacy for a period of 3 months or, subject to any conditions that the licensing authority imposes, for any extended period or periods permitted by the licensing authority.

  2. In this section, mortgagee in possession has the same meaning as in section 4 of the Property Law Act 2007.

Compare
  • 1970 No 143 s 47
Notes
  • Section 55G: inserted, on , by section 17 of the Medicines Amendment Act 2003 (2003 No 50).
  • Section 55G(2): amended, on , by section 364(1) of the Property Law Act 2007 (2007 No 91).