New Zealand Legislation: Acts

8Q Terms of exemption

• (1) Every exemption granted under section 8N by a territorial authority shall specify the terms of the exemption.

  (2) Subject to subsections (5) and (6), the territorial authority may from time to time vary the terms of an exemption granted under section 8N, by endorsement on the exemption or otherwise in writing.

  (3) An exemption may be unconditional or subject to such conditions as the territorial authority thinks fit and specifies in the exemption.

  (4) Subject to subsections (5) and (6), the territorial authority may at any time, by written notice to the holder of an exemption, revoke, amend, or add to any conditions imposed pursuant to subsection (3).

  (5) Except where the terms or conditions of an exemption are varied,—

  • (a) pursuant to subsection (2) or subsection (4), on the application of the holder of the exemption and in accordance with the terms of that application; or

  • (b) at the direction of the Director-General given under subsection (6)(b),—

  the territorial authority shall not vary the terms or conditions of any exemption under this section without first giving the holder of the exemption a reasonable opportunity to make written submissions to the territorial authority in relation to the matter.

  (6) Where a territorial authority grants an exemption on the direction of the Director-General given under section 8O(3),—

  • (a) the territorial authority shall not vary the terms or conditions of that exemption under this section except with the agreement of the Director-General:

  • (b) the territorial authority shall, if directed to do so by the Director-General, vary the terms or conditions of that exemption under this section in accordance with that direction.

  (7) The Director-General shall not give a direction pursuant to subsection (6)(b) in relation to an exemption without first giving the holder of the exemption a reasonable opportunity to make written submissions to the Director-General in relation to the matter.

  Section 8Q: inserted, on 1 July 1997, by section 3 of the Food Amendment Act (No 2) 1996 (1996 No 97).