New Zealand Legislation: Acts

23 Minister may grant exemptions

• (1) The Minister may at any time (whether before or after the commencement of the standards concerned), by notice in the Gazette,—

  • (a) exempt any person from any stated element of any stated service standards; or

  • (b) amend or revoke any exemption.

  (2) The exemption—

  • (a) must require the person to meet some other requirement stated in the notice, instead of the element concerned; and

  • (b) may be unconditional, or subject to any conditions stated in the notice.

  (3) The Minister must not exempt any person from an element of any service standards (or amend the exemption of any person from an element of any service standards) unless—

  • (a) the person has paid the prescribed fee (if any); and

  • (b) the Minister is satisfied that—

    • (i) there are exceptional circumstances justifying the exemption (or the exemption as amended); and

    • (ii) the safety of affected consumers will not be compromised if the person provides services meeting only the other requirement stated in the notice (or the other requirement stated in the notice as amended) rather than that element.

  (4) If not earlier revoked, the exemption expires on the earliest of—

  • (a) the day 3 years after the date of the notice granting it:

  • (b) a day stated in the notice for the purpose:

  • (c) the day on which the certification of the person concerned to provide health or disability services of the kind concerned expires or is cancelled.

  (5) For the purposes of this Act, a person exempted by a notice under this section from an element of any service standards meets the standards if the person—

  • (a) meets—

    • (i) the rest of the standards; and

    • (ii) the other requirement stated in the notice instead of that element; and

  • (b) complies with any conditions stated in the notice.