New Zealand Legislation: Acts

20 Authority must inform applicant that it proposes to depart from indicated scope of practice or to decline application

• (1) In assessing an application under section 17, an authority must consider whether the applicant is qualified and competent to practise within the indicated scope of practice submitted by the applicant under section 17(2)(b)(i).

  (2) If the scope of practice that an authority proposes to authorise for an applicant differs from that indicated by the applicant under section 17(2)(b)(i), whether in respect of conditions to be stated or otherwise, the authority must inform the applicant in writing why it proposes to authorise a different scope of practice.

  (3) If, in assessing an application under section 17, the authority proposes to decline the application, the authority must inform the applicant in writing why the authority proposes to decline the application.

  (4) When the authority informs an applicant under subsection (2) or subsection (3), the authority must also give the applicant—

  • (a) a copy of any information on which the authority relies in proposing to authorise a different scope of practice or to decline the application; and

  • (b) a reasonable opportunity to make written submissions and be heard, either personally or by his or her representative, in respect of the matter.

  (5) Subsection (4)(a) is subject to section 154.

  Compare: 1995 No 95 s 34(5)