New Zealand Legislation: Acts

30 Cancellation of certification

• (1) The Director-General must cancel the certification of a person to provide health care services of any kind if satisfied that—

  • (a) the person does not meet the relevant service standards (whether because the quality of the services provided by the person has changed, or because the standards have been amended or replaced); or

  • (b) there are no longer in force service standards for providing health care services of that kind; or

  • (c) the person has asked the Director-General in writing to cancel it.

  (2) The Director-General may cancel the certification of a person to provide health care services of any kind if—

  • (a) the Director-General has cancelled the designation of the auditing agency that prepared the audit report on the provision by the person of health care services of that kind most recently sent to the Director-General; and

  • (b) the Director-General has given the person a notice in writing, stating that the designation has been cancelled and explaining the effect of this subsection, and asking the person to do 1 or more of the following things:

    • (i) send to the Director-General a copy of the most recently prepared audit report on the person's provision of health care services of that kind:

    • (ii) obtain a new audit report from another auditing agency on the person's provision of health care services of that kind, and send a copy to the Director-General:

    • (iii) arrange to obtain, at the time when an audit report will be required in any event, an audit report from another auditing agency on the person's provision of health care services of that kind, and tell the Director-General in writing the name of the new agency:

    • (iv) give the Director-General, in writing, any information relating to the person's provision of health care services of that kind the Director-General asks for; and

  • (c) more than 3 months has passed since the person was given the notice, and the person has failed or refused to comply with it.

  (3) The Director-General may cancel the certification of a person to provide health care services of any kind if,—

  • (a) having made reasonable efforts to do so, the Director-General has not been able to satisfy himself or herself that the person meets the relevant service standards; or

  • (b) the Director-General is satisfied that the person has failed or refused to comply with—

    • (i) a provision of this Act other than section 9; or

    • (ii) a condition subject to which the person is certified to provide services of that kind; or

    • (iii) a requirement or condition stated in a notice under section 23; or

    • (iv) if the services are rest home care, or geriatric services that are hospital care, any applicable regulations under section 53(1)(a).

  (4) Subsection (2) does not limit the circumstances in which the Director-General may cancel the certification of a person to provide health care services of any kind under subsection (3)(a).

  (5) The cancellation of a person's certification must be effected by written notice to the person, stating—

  • (a) the name of the person; and

  • (b) the kind or kinds of health care services to which it relates.