New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The recognition of an industry training organisation under section 5 of this Act expires 5 years after it is granted.
(2) The recognition of an industry training organisation under section 8(1) of this Act expires when—
(a) The period for which it was granted expires; or
(b) The organisation is recognised under section 5 of this Act.
(3) The Minister may cancel the recognition of an industry training organisation under this Act (with immediate effect)—
(a) If it asks the Minister to cancel its recognition; or
(ab) if the circumstances in subsection (3A) apply; or
(b) If the Minister is satisfied that the organisation no longer exists.
(3A) The circumstances referred to in subsection (3)(ab) are that—
(a) the Minister has issued a notice to the organisation, in accordance with subsection (3B), stating that he or she considers that the organisation's performance is inadequate because it is not meeting 1 or more of the requirements under section 6(a) to (d); and
(b) the period of time specified in the notice within which the organisation must improve its performance has elapsed; and
(c) the Minister is satisfied that the organisation's performance continues to be inadequate for the reason specified in the notice.
(3B) A notice under subsection (3A) must—
(a) be in writing; and
(b) specify—
(i) the areas in which the Minister considers the organisation's performance to be inadequate, with reference to the requirements under section 6(a) to (d); and
(ii) what actions that the organisation should take to improve its performance; and
(iii) the period, which must be a reasonable period, within which the organisation must improve its performance; and
(iv) the fact that the Minister may cancel the organisation's recognition, under subsection (3)(ab), if it fails to improve its performance within that period.
(4) Nothing in this section prevents an organisation whose recognition has expired under subsection (1) or subsection (2), or been cancelled under subsection (3)(a) or (ab), from seeking recognition in accordance with section 5 and being recognised in accordance with that section or section 8(1).
Subsection (3) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission”
for the word “Board”
wherever it occurs.
Subsection (3) was amended, as from 1 January 2004, by section 9(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minister”
for the word “Commission”
wherever it occurs. See section 15 of that Act for a transitional provision relating to recognition.
Subsection (3)(ab) was inserted, as from 1 January 2003, by section 9(2) Industry Training Amendment Act 2002 (2002 No 51).
Subsections (3A) and (3B) were inserted, as from 1 January 2003, by section 9(3) Industry Training Amendment Act 2002 (2002 No 51).
Subsection (3A) was amended, as from 1 January 2004, by section 9(5)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minister”
for the word “Commission”
in both places where it occurs. See section 15 of that Act for a transitional provision relating to recognition.
Subsection (3A)(a) was amended, as from 1 January 2004, by section 9(6)Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “he or she considers”
for the words “it considers”
. See section 15 of that Act for a transitional provision relating to recognition.
Subsection (3B) was amended, as from 1 January 2004, by section 9(7)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minister”
for the word “Commission”
in both places where it occurs. See section 15 of that Act for a transitional provision relating to recognition.
Subsection (4) was substituted, as from 1 January 2003, by section 9(4) Industry Training Amendment Act 2002 (2002 No 51).