54 Applications for registration

(1)

A person who intends to export any animal material or product to which this Part applies (other than animal material or product exempted under section 9 or section 50 or by the regulations) must apply to the Director-General, in a manner approved by the Director-General, for registration on the register of exporters.

(2)

On receipt of a properly made application accompanied by the prescribed fee (if any), the Director-General must register the applicant as an exporter unless the Director-General considers that—

(a)

the applicant is not a fit and proper person to be registered as an exporter, having regard to any conviction of the applicant or any director or manager of the applicant, whether in New Zealand or overseas, for 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

(b)

there has in the past been a serious or repeated failure by the applicant to comply with duties of the type specified in section 51; or

(c)

there are other good grounds for considering that the applicant is likely in the future to fail to comply with the duties specified in section 51; or

(d)

subsection (3) applies to disqualify the person.

(3)

No person may be registered as an exporter unless—

(a)

they are a New Zealand resident within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007; or

(b)

they have an agent who is a New Zealand resident within the meaning of those sections.

(4)

For the purpose of assessing the matters specified in subsection (2), the Director-General may require an applicant to supply information additional to that contained in the application.

(5)

If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director-General may allow, the application lapses.

Section 54(1): amended, on 2 March 2018, by section 104 of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 54(3)(a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).