Animal Products Act 1999

28 Deregistration of risk management programme

• (1) The Director-General may at any time remove a risk management programme from the register if the Director-General is satisfied that—

  • (a) the Director-General would be justified under section 27 in suspending operations under the programme but, in light of repeated suspensions of operations under the risk management programme in the past under that section, it would be more appropriate to deregister the programme; or

  • (b) there is or has been such a serious failure of operations or other matters under the programme as to cast doubt on the fitness for intended purpose of the animal product produced under the programme; or

  • (c) whether by reason of the passage of time, changing circumstances, or for any other reason, the risk management programme no longer ensures the fitness for intended purpose of animal product produced under the programme; or

  • (d) the operator of the programme is no longer a fit and proper person to operate or be responsible for the operation of an animal product business, taking into account any conviction of the operator or any director or manager of the animal product business concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act; or

  • (e) the risk management programme has ceased to be relevant to the operations it purports to cover by reason of there being a change in the identity of—

    • (i) the person who owns or has control of the business concerned; or

    • (ii) the premises or place where the relevant operations are carried out; or

    • (iii) the material or product being produced or processed; or

    • (iv) the type of production or processing being carried out.

  (2) The Director-General may not deregister a risk management programme under this section unless he or she has first—

  • (a) notified the operator of the programme (whether orally or in writing) of the intention to deregister and the reason for deregistration; and

  • (b) given the operator an opportunity to be heard.

  (3) Where the Director-General determines to deregister a risk management programme, the Director-General must—

  • (a) give written notice of that fact to the operator of the programme, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notification); and

  • (b) notify the appropriate recognised risk management programme verifying agency of that fact.

  (4) Where a risk management programme is deregistered under this section, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected animal material or product and may exercise any of his or her other powers under section 82.

  (5) The Director-General may notify any deregistration under this section in the Gazette.

  (6) The deregistration of a risk management programme under this section does not affect any other actions that the Director-General may take under this Act.

  (7) If a person acting under the delegated authority of the Director-General deregisters a risk management programme under this section, the operator of the risk management programme or of the animal product business concerned may seek a review of the deregistration under section 162.

  Section 28(1)(c): substituted, on 26 September 2002, by section 19 of the Animal Products Amendment Act 2002 (2002 No 29).

  Section 28(3)(b): amended, on 26 September 2002, by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).