(1) A person, on payment of the prescribed fee, is entitled to be registered if the person satisfies the Council that he or she is a fit and proper person to be registered and has, or is eligible to have,—

• (a) a recognised veterinary science degree or diploma from a recognised institution; or

• (b) a veterinary science degree or diploma of not less than 4 years of study and 1 or more of the following:

  • (i) a pass mark in prescribed examinations:

  • (ii) a pass in an assessment programme approved by the Council:

  • (iii) a pass in post-graduate study or training approved by the Council.

(2) Despite subsection (1), no person is entitled to be registered unless the Council is satisfied that the person can communicate in and understand English to an appropriate standard for practising as a veterinarian in New Zealand.

(1) The Council may—

• (a) designate any branch of veterinary science as a branch in respect of which a veterinarian may practise as a specialist:

• (b) amend or revoke any designation under paragraph (a).

(2) A veterinarian, on payment of the prescribed fee, is entitled to be registered as a specialist if the veterinarian satisfies the Council that, in relation to the branch of veterinary science in respect of which he or she seeks to be registered as a specialist, he or she—

• (a) is appropriately qualified; and

• (b) has had sufficient training and experience to justify practising as a specialist in that branch of veterinary science.

(1) The Council must publish a notice in the Gazette declaring—

• (a) the institutions and the degrees or diplomas offered by those institutions that are recognised for the purposes of section 6(1)(a); and

• (b) the assessment programmes, and post-graduate study or training approved by the Council for the purposes of section 6(1)(b).

(2) Before publishing a notice under subsection (1)(a), the Council must satisfy itself that an institution provides a course of instruction in veterinary science that, in relation to each degree or diploma,—

• (a) provides tuition at a level that is acceptable to the Council; and

• (b) provides assessment or examination at a level that is acceptable to the Council; and

• (c) leads to a degree or diploma in veterinary science that is acceptable to the Council.

(3) If the Council considers that an institution, or a degree or diploma offered by the institution, included in a declaration under subsection (1)(a) no longer satisfies the criteria in subsection (2), the Council must, by notice in the Gazette, amend or revoke the declaration or relevant part of the declaration.

(4) Subsection (3) does not affect the registration or continued registration of a person that the Council has accepted for registration on the basis of a degree or diploma from an institution prior to the revocation or amendment of the recognition status of the institution or the degree or diploma.

A person is not entitled to be registered—

• (a) if he or she—

  • (i) has been convicted by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 3 months or longer; and

  • (ii) does not satisfy the Council that, having regard to all the circumstances, including the time that has elapsed since the conviction, the offence does not reflect adversely on his or her fitness to practise as a veterinarian; or

• (b) if the Council is satisfied that registration of the person would be inappropriate because, in New Zealand or elsewhere, he or she—

  • (i) is the subject of professional disciplinary proceedings; or

  • (ii) is under investigation, or has been struck off the relevant register of veterinarians, or has been otherwise disciplined by a veterinary professional organisation; or

• (c) if the Council is satisfied that the person cannot practise satisfactorily as a veterinarian because of a mental or physical condition.

An application for registration must be made to the Council and must—

• (a) be made in a form determined by the Council; and

• (b) contain the information determined by the Council; and

• (c) be accompanied by the prescribed fee.

When considering an application for registration, the Council may, in relation to the application,—

• (a) examine the applicant or any other person:

• (b) require any person to verify, by statutory declaration, any statement made by that person:

• (c) require the applicant to provide any document or information that the Council considers, on reasonable grounds, is necessary to assess his or her application.

(1) Subsection (2) applies if the Council is satisfied that—

• (a) the applicant—

  • (i) is entitled under section 6 to be registered; or

  • (ii) is a veterinarian who is entitled under section 7(2) to be registered as a specialist; and

• (b) the applicant has paid the prescribed application fee.

(2) The Council must—

• (a) register the applicant and enter his or her name in the register; and

• (b) notify the applicant in writing that he or she is registered; and

• (c) issue the applicant with a certificate of registration.

(3) If the Council is not satisfied that the applicant is entitled to be registered, the Council must—

• (a) decline the application; and

• (b) notify the applicant in writing of—

  • (i) its decision (with reasons); and

  • (ii) his or her right of appeal against the decision.

(1) The Council may—

• (a) prescribe the elements of veterinary practice, in terms of 1 or more scopes of practice, in respect of which a person may be registered as a person with limited registration; and

• (b) amend or revoke any notice published for the purposes of paragraph (a).

(2) A scope of practice may be described in any way the Council thinks fit, including, without limitation, in any 1 or more of the following ways:

• (a) by reference to a name or form of words that is commonly understood by veterinarians:

• (b) by reference to 1 or more species of animal:

• (c) by reference to an area of science or learning:

• (d) by reference to tasks commonly performed:

• (e) by reference to illnesses or conditions to be diagnosed, treated, or managed.

(3) Before the Council publishes a notice, the Council must—

• (a) consult about the proposed notice with—

  • (i) veterinarians, or people who the Council considers represent the views of veterinarians; and

  • (ii) organisations that the Council considers will be affected by the proposed notice; and

  • (iii) statutory bodies responsible for the administration of the Animal Products Act 1999, the Animal Welfare Act 1999, and the Biosecurity Act 1993; and

• (b) take into account the effect of any proposed scope of practice in relation to—

  • (i) New Zealand's economic interests; and

  • (ii) maintaining consistency with and support of New Zealand's food safety, biosecurity, and animal welfare regimes.

(1) A person may apply to the Council for limited registration in terms of 1 or more scopes of practice notified under section 13.

(2) Subsection (3) applies if the Council is satisfied that the applicant—

• (a) is appropriately qualified to practise within the scope or scopes of practice in the notice; and

• (ab) is a fit and proper person to be registered; and

• (b) can communicate in and understand English to an appropriate standard for practising as a veterinarian in New Zealand; and

• (c) has paid the prescribed application fee.

(3) The Council must—

• (a) register the applicant and enter his or her name in the register—

  • (i) subject to the conditions of practice that the Council considers appropriate (if any); and

  • (ii) subject to the time limits on registration that the Council considers appropriate (if any); and

• (b) notify the applicant in writing that he or she is registered; and

• (c) issue the applicant with a certificate of limited registration.

(4) If the Council is not satisfied that the applicant meets the requirements of subsection (2), the Council must—

• (a) decline the application; and

• (b) notify the applicant in writing of—

  • (i) its decision (with reasons); and

  • (ii) his or her right of appeal against the decision.

(1) If an applicant is applying for the first time under this Act for registration (other than for limited registration), the Council may offer to the applicant a certificate of provisional registration pending a decision by the Council on the person's registration application.

(2) Before making an offer, the Council must be satisfied on reasonable grounds that the applicant appears to be entitled under section 6 to be registered.

(3) If the applicant accepts an offer by the Council, the Council must—

• (a) register the applicant and enter his or her name in the register for a period not exceeding 3 months; and

• (b) notify the applicant in writing that he or she is provisionally registered; and

• (c) issue the applicant with—

  • (i) a certificate of provisional registration; and

  • (ii) a practising certificate for the period of the provisional registration (subject to the conditions of practice that the Council considers appropriate, if any).

(4) Despite subsection (3)(a), the Council may renew a person's certificate of provisional registration and practising certificate, once only, for a further period not exceeding 3 months.

(5) The Council may, at any time, cancel the registration of a person under this section, but must give the person written notice of and reasons for the cancellation.

If the Council is satisfied that a person with provisional registration is fit for registration under section 12(2), the Council must—

• (a) register the person; and

• (b) notify the person in writing of his or her change in registration status; and

• (c) issue the person with a certificate of registration.

(1) The Council must cancel a person's registration if—

• (a) the person requests the Council in writing to cancel his or her registration; or

• (b) the Council is notified of the death of the person—

  • (i) under subsection (2); or

  • (ii) by any other means; or

• (c) the person has been registered as a result of an error and the Council is informed of or discovers the error.

(2) On the registration of the death of any person who is stated to be a veterinarian, or who is registered under this Act, every Registrar (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995)—

• (a) must notify the Council in writing of the death of the person and particulars of the date and place of death; and

• (b) may charge the Council a reasonable fee for a notification under paragraph (a).

(3) This section does not limit the powers of the Council under Part 3.

(1) The Council must amend a specialist's registration (and certificate of registration) to that of a registered person only, if—

• (a) the specialist requests the Council in writing to amend his or her registration in this way; or

• (b) the specialist has been registered as a specialist as a result of an error and the Council is informed of or discovers the error.

(2) This section does not limit the powers of the Council under Part 3.

A person whose registration is cancelled or suspended must deliver his or her certificate of registration to the Registrar no later than 10 working days after the date on which the notice of cancellation or suspension has been given to the person.

(1) A person is not a registered person for the purposes of this Act if his or her registration is cancelled or suspended.

(2) At the end of a period of suspension, a person's registration is immediately reinstated and the Council must reissue to the person his or her certificate of registration.

(3) Subsection (1) applies in relation to the suspension of a person's registration unless the Council—

• (a) cancels the person's registration before the end of the period of suspension; or

• (b) reinstates the person's registration before the end of the period of suspension.

(1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who, for the purpose of obtaining registration (either for himself or herself or for any other person),—

• (a) either orally or in writing makes a declaration or representation knowing it to be false or misleading in relation to a material particular; or

• (b) provides to the Council or makes use of any document knowing it to contain a declaration or representation that is false or misleading in relation to a material particular; or

• (c) provides to the Council or makes use of any document knowing that it is not genuine.

(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who claims to be registered under section 12(2) if he or she is registered under section 14.

(3) Every person who breaches section 19 without reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) The Council must establish and maintain a register of veterinarians and other registered persons.

(2) The register must—

• (a) be in the prescribed form; and

• (b) contain the prescribed information; and

• (c) contain any other information that the Council considers necessary or desirable for the purpose of the register; and

• (d) include, for each veterinarian,—

  • (i) details of any conditions of practice imposed on the veterinarian; and

  • (ii) whether his or her registration or practising certificate is suspended and, if so, the following information:

    • (A) the grounds under this Act for the suspension; and

    • (B) the period of suspension; and

    • (C) any conditions for termination of the suspension; and

• (e) contain in separate parts the prescribed information in relation to—

  • (i) specialists:

  • (ii) veterinarians with limited or provisional registration (including the period of time for which each veterinarian is registered in either category):

  • (iii) registered persons.

(3) The Registrar must ensure that the register is available to members of the public to inspect it free of charge.

(4) Subsection (3) is subject to any prohibition order made by the District Court under section 71.

(5) The Registrar must, on payment of the prescribed fee,—

• (a) issue a certificate of registration to any registered person:

• (b) supply a certified copy of an entry in the register to any person requesting it.

(6) Information entered in the register under subsection (2)(c) and (e)(iii) does not form part of the register for the purposes of subsection (3) or subsection (5)(b).

(1) The Registrar must promptly amend the information in the register,—

• (a) in relation to a registered person, if—

  • (i) the person's registration is cancelled or amended:

  • (ii) the person's registration is suspended and the period of suspension has expired or the suspension is lifted by the Council, the District Court, or the High Court (as the case may be):

• (b) in relation to a veterinarian, if—

  • (i) the Council has cancelled the veterinarian's practising certificate:

  • (ii) the Council has suspended the veterinarian's practising certificate and the period of suspension has expired or ceased to apply, or the suspension is lifted by the Council, the District Court, or the High Court (as the case may be):

  • (iii) the Council has imposed conditions of practice on the veterinarian and the conditions have expired or ceased to apply, or are removed by the Council, the District Court, or the High Court (as the case may be):

• (c) in relation to a specified person, in accordance with section 51(4).

(2) The Registrar may at any time amend the information in the register—

• (a) after receiving any information under subsection (3); or

• (b) if the amendment is necessary for the purposes of section 22(2); or

• (c) if the Registrar considers, on reasonable grounds, that an amendment is necessary.

(3) A veterinarian must—

• (a) notify the Registrar if he or she changes his or her name, contact address, or practice name (whether the practice name is the veterinarian's own or his or her employer's); and

• (b) provide the Registrar with the relevant current information.

(4) A notification under subsection (3) must be in writing (which may include by way of fax, email, or other electronic means) and made no later than 1 month after the information in the register is no longer current.

(5) Every person who breaches subsection (3) without reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding $500.

(1) The following people may apply to the Council for a practising certificate:

• (a) a registered person who wishes to practise as a veterinarian:

• (b) a veterinarian or a specialist who wishes to renew his or her practising certificate.

(2) An application under subsection (1) must—

• (a) be made in a form determined by the Council; and

• (b) contain the information determined by the Council; and

• (c) be accompanied by the prescribed fee.

When considering an application for a practising certificate, the Council may, in relation to the application,—

• (a) examine the applicant or any other person:

• (b) require any person to verify, by statutory declaration, any statement made by that person:

• (c) require the applicant to provide any document or information that the Council considers, on reasonable grounds, is necessary to assess his or her application.

(1) The Council must issue to an applicant under section 24 a practising certificate if the Council is satisfied that—

• (a) the applicant is appropriately registered; and

• (b) the applicant satisfies the practising requirements of the Act; and

• (c) the application fee has been paid.

(2) A certificate is effective from the date stated on the certificate, and expires at the close of the practising year to which the certificate relates, unless stated otherwise on the certificate.

(3) If the Council is not satisfied that the applicant meets the requirements of subsection (1), the Council must—

• (a) notify the applicant in writing of its decision (with reasons); and

• (b) give the applicant a reasonable opportunity to make submissions and be heard on the matter (either personally or by counsel or agent); and

• (c) confirm, reverse, or modify its decision (for example, by issuing a practising certificate to the applicant subject to conditions of practice); and

• (d) notify the applicant in writing of its further decision (including, if relevant, with reasons, and a statement of the applicant's right of appeal against the decision).

(4) In this section, practising year means the 12-month period ending on 31 March in any year.

A practising certificate must state—

• (a) the date of its expiry; and

• (b) the section of this Act that the person is registered under; and

• (c) whether any conditions of practice are currently imposed on the person; and

• (d) if paragraph (c) applies, where the public can find out, free of charge, what conditions are imposed on the person.

A practising certificate continues in force until the close of the date of its expiry unless it is sooner cancelled or suspended under this Act.

A person whose practising certificate is cancelled or suspended must deliver his or her practising certificate to the Registrar no later than 10 working days after the date on which a notice of cancellation or suspension has been given to the person.

(1) A person is not a veterinarian for the purposes of this Act if his or her practising certificate is cancelled or suspended.

(2) At the end of a period of suspension, a person's practising certificate is immediately reinstated and the Council must reissue to the person his or her practising certificate.

(3) Subsection (2) applies unless the Council—

• (a) cancels the person's practising certificate before the end of the period of suspension; or

• (b) reinstates the person's practising certificate before the end of the period of suspension.

(1) Every registered person who practises as a veterinarian without holding a current practising certificate commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

(2) Every person who breaches section 29 without reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) No person, other than a veterinarian, may use in connection with his or her business, trade, employment, calling, or profession—

• (a) the title “veterinarian”; or

• (b) any words, initials, or abbreviations that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a veterinarian; or

• (c) the word “veterinary” with any words, initials, or abbreviations that are intended to cause, or that may reasonably cause, any person to believe that the person using the word “veterinary” with those words, initials, or abbreviations is a veterinarian.

(2) Every person who breaches subsection (1) commits an offence, and is liable on summary conviction to a fine not exceeding $10,000.

(1) No person, other than a specialist, may use in connection with his or her business, trade, employment, calling, or profession any words, initials, or abbreviations of the title “specialist” that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a specialist.

(2) Every person who breaches subsection (1) commits an offence, and is liable on summary conviction to a fine not exceeding $10,000.

In this Part, specified person—

• (a) means a veterinarian or a person who was a veterinarian at the time of the relevant conduct; and

• (b) unless the context otherwise requires, includes—

  • (i) a registered person:

  • (ii) a registered person whose registration is suspended:

  • (iii) a person who was registered at the time of the relevant conduct.

In the performance and exercise of its decision-making functions and powers under this Part, the Council or a complaints assessment committee must observe the rules of natural justice.

(1) The Council and a complaints assessment committee may each appoint a legal assessor who—

• (a) may be present at any proceedings of the Council or the committee under this Part; and

• (b) may advise the Council or the committee on matters of law, procedure, and evidence at—

  • (i) the proceedings; or

  • (ii) any time before or after the proceedings.

(2) A legal assessor must not be present when the Council or the committee deliberates.

(1) For the purposes of this Part, every person has the same privileges as a witness in a court of law in relation to—

• (a) providing documents, things, or information to the Council in relation to a disciplinary hearing or a medical or competence assessment; or

• (b) giving evidence or answering questions at a disciplinary hearing or a medical or competence assessment.

(2) For the purposes of this Part, every counsel appearing before the Council in relation to a disciplinary hearing or a medical or competence assessment has the same privileges and immunities as counsel in a court of law.

(1) Any person may make a complaint to the Council about the conduct of a specified person.

(2) A complaint must be in writing.

(3) As soon as practicable after receiving a complaint, the Council must refer the complaint to a complaints assessment committee and the committee must investigate the complaint under section 40.

(1) The Council may refer to a complaints assessment committee a matter about the conduct of a specified person that arises—

• (a) out of its own inquiries; or

• (b) from information it receives.

(2) The complaints assessment committee must investigate the matter under section 40.

(1) A complaints assessment committee must promptly investigate—

• (a) every complaint referred to it under section 38(3); and

• (b) every referral it receives under section 39(1).

(2) However, if at any time after receiving a complaint a committee considers, on reasonable grounds, that no further action is necessary in relation to the complaint, the committee—

• (a) is not required to investigate the complaint; and

• (b) must notify in writing (with reasons)—

  • (i) the complainant; and

  • (ii) the Council, which may, if it thinks fit, determine the matter in any event using its powers under this Part.

(3) Before investigating a complaint or referral, a committee must inform the specified person against whom the complaint or referral has been made in writing of the general nature of the complaint or referral.

(4) For the purpose of carrying out an investigation a committee may appoint or employ any person to make inquiries on its behalf, provide advice, or otherwise assist the committee.

(5) The committee may require a complainant to support his or her complaint with any statutory declarations that the committee thinks fit.

(6) Subsection (1) is subject to section 46(1).

(1) If the conditions set out in subsection (2) are satisfied, a complaints assessment committee may, by written notice, require any person to provide to the committee any papers, documents, records, or things.

(2) The conditions are that—

• (a) the committee believes, on reasonable grounds, that the exercise of the powers conferred under subsection (1) is necessary to enable the committee to carry out its investigation; and

• (b) the person to whom a notice under subsection (1) is to be given has failed to comply with a previous request to provide to the committee, within a reasonable time, the papers, documents, records, or things required by the notice; and

• (c) the committee believes, on reasonable grounds, that—

  • (i) it is not practicable to obtain the information required by the committee from another source; or

  • (ii) for the purposes of the investigation, it is necessary to obtain the papers, documents, records, or things to verify or refute information obtained from another source.

(1) A person who receives a notice under section 41 must, without charge, comply with the requirement stated in the notice in the manner and within the period (being not less than 10 working days after the notice is given to the person) specified in the notice.

(2) Subsection (1) does not require a person to provide any information or produce any document that would be privileged in a court of law.

(3) No person is required to produce to a committee any papers, records, documents, or things if compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on the person by an enactment (other than the Official Information Act 1982 or the Privacy Act 1993).

(4) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, who, when required to comply with a notice given under section 41,—

• (a) refuses or fails without reasonable excuse to comply with the notice; or

• (b) knowingly or recklessly provides information that is false or misleading in any material particular.

(1) After investigating a complaint or a referral, the complaints assessment committee must provide to the Council a written statement,—

• (a) if the committee considers that the matter is a medical matter, recommending—

  • (i) that the specified person be required to undergo a medical assessment; and

  • (ii) if necessary, that the Council exercise its powers under section 57:

• (b) if the committee considers that the matter is a competence matter, recommending—

  • (i) that the specified person be required to undergo a competence assessment; and

  • (ii) if necessary, that the Council exercise its powers under section 60:

• (c) if the committee considers that the matter can be resolved by agreement with the specified person, recommending that the Council impose conditions of practice on the specified person:

• (d) if the committee considers that the matter requires a disciplinary hearing, stating that the committee intends to lay 1 or more charges against the specified person:

• (e) if the committee considers that the matter is any combination of medical, competence, and disciplinary matters,—

  • (i) recommending that the Council take 2 or more of the actions set out in paragraphs (a) to (c) as specified by the committee; or

  • (ii) stating that the committee intends to lay 1 or more charges against the specified person and recommending that the Council require the specified person to undertake a medical assessment or a competence assessment, or both (and, if necessary, that the Council exercise its powers under section 57 or section 60, or both):

• (f) if the committee considers that the matter requires no further action, stating that it will be taking no further action in relation to the specified person.

(2) However, if during the investigation the committee has acted under section 46, the committee must provide to the Council a written statement (with reasons)—

• (a) stating whether—

  • (i) the complaint was settled between the parties and, if not, the matters on which agreement was reached between the parties (if any); or

  • (ii) conciliation occurred between the parties, and the result of the conciliation; and

• (b) recommending what, if any, further action the Council should take under this Part in relation to the specified person who was the subject of the complaint.

(2A) Despite subsections (1) and (2), the complaints assessment committee may make a recommendation to the Council without investigating, or fully investigating, a complaint or referral if the committee considers that the complaint or referral—

• (a) relates to the competence of the specified person; or

• (b) relates to a medical issue; or

• (c) requires urgent action by the Council.

(3) The Council may determine a matter referred to it under this section—

• (a) in accordance with the committee's statement; or

• (b) if it thinks fit, in any other way using its powers under this Part.

(1) A complaints assessment committee may, in addition to providing a statement about a specified person to the Council under section 43, recommend to it that until the Council has conducted a medical assessment, the Council—

• (a) suspend the specified person's practising certificate; or

• (b) impose conditions of practice on the specified person.

(2) The committee may make a recommendation under subsection (1)(a) only if it is satisfied on reasonable grounds that—

• (a) the specified person cannot practise satisfactorily as a veterinarian because of a mental or physical condition; and

• (b) because the specified person may continue to practise as a veterinarian, it is necessary in the public interest to suspend the specified person's practising certificate.

(3) The committee may make a recommendation under subsection (1)(b) only if it is satisfied that—

• (a) the specified person cannot practise satisfactorily as a veterinarian because of a mental or physical condition; but

• (b) despite this it would not be contrary to the public interest to allow the specified person to continue to practise subject to conditions of practice.

(4) The committee must immediately notify the specified person in writing (with reasons) that a recommendation has been made.

(5) After considering the committee's recommendation, the Council must—

• (a) suspend the specified person's practising certificate, if it is satisfied that—

  • (i) the specified person cannot practise satisfactorily as a veterinarian because of a mental or physical condition; and

  • (ii) because the specified person may continue to practise as a veterinarian, it is necessary in the public interest to suspend the specified person's practising certificate; or

• (b) impose conditions of practice on the specified person if it is satisfied that—

  • (i) the specified person cannot practise satisfactorily as a veterinarian because of a mental or physical condition; but

  • (ii) despite this it would not be contrary to the public interest to allow the specified person to continue to practise subject to conditions of practice; or

• (c) refuse to suspend or impose conditions of practice on the specified person, and require the committee to continue its procedure under section 43.

(6) However, if the Council acts under subsection (5)(a) or (b), it must complete the medical assessment no later than 50 working days after the suspension or conditions take effect.

(7) The suspension or conditions of practice, as the case may be, cease to apply—

• (a) if the Council does not complete the medical assessment before the end of the 50-working day period; and

• (b) without any further action being taken by the Council or the specified person.

(8) A decision of the Council under subsection (5) takes effect immediately, and the Council must ensure that the specified person, the complaints assessment committee, and the complainant (if any) are notified in writing (with reasons) as soon as practicable after the decision is made.

(1) A complaints assessment committee may, in addition to providing a statement about a specified person to the Council under section 43, recommend to it that, until the Council has conducted a disciplinary hearing or a competence assessment, or both, the Council—

• (a) suspend the specified person's practising certificate; or

• (b) impose conditions of practice on the specified person.

(2) The committee may make a recommendation only if it is satisfied on reasonable grounds that it is necessary in the public interest to suspend the specified person's practising certificate or impose conditions of practice on the specified person.

(3) The committee must immediately notify the specified person in writing (with reasons) that a recommendation has been made.

(4) After considering the committee's recommendation, the Council must—

• (a) suspend the specified person's practising certificate or impose conditions of practice on the person, if it is satisfied on reasonable grounds that it is necessary in the public interest to do so; or

• (b) refuse to suspend or impose conditions of practice on the specified person, and require the committee to continue its procedure under section 43.

(5) However, if the Council acts under subsection (4)(a), it must complete the disciplinary hearing or the competence assessment, or both, no later than 50 working days after the suspension or conditions take effect.

(6) The suspension or conditions of practice, as the case may be, cease to apply—

• (a) if the Council does not complete the disciplinary hearing or competence assessment, or both, before the end of the 50-working day period; and

• (b) without any further action being taken by the Council or the specified person.

(7) A decision of the Council under subsection (4) takes effect immediately, and the Council must ensure that the specified person, the complaints assessment committee, and the complainant (if any) are notified in writing (with reasons) as soon as practicable after the decision is made.

(1) When a complaint comes before a complaints assessment committee, or at any time during the investigation of a complaint, the committee may, if it thinks fit, consider—

• (a) whether resolution of the complaint or part of the complaint may be reached by agreement between the complainant and the specified person and, if so, assist in such a resolution; and

• (b) whether resolution of the complaint may be reached by conciliation between the complainant and the specified person and, if so, discuss the possibility with them.

(2) For the purposes of subsection (1), the committee may appoint or employ a mediator or conciliator to act on the committee's behalf.

(3) No evidence of any admission, information, or statement made to any person acting as a mediator or conciliator under this section is admissible in any proceedings before the Council, a court, or a tribunal.

(4) To avoid doubt, any resolution or part resolution of a complaint under this section does not preclude the Council exercising, in relation to the specified person, its powers under this Part.

(1) The Council must, by written notice, inform the specified person concerned of its intention to hold a disciplinary hearing.

(2) The notice must include—

• (a) a statement that a complaints assessment committee has reason to believe that 1 or more grounds exist entitling the Council to exercise its powers under section 50 or section 61(1); and

• (b) sufficient information to clearly inform the specified person of the grounds referred to in paragraph (a); and

• (c) the hearing date on which the Council intends to hear the matter (being a date not less than 20 working days after the date on which the notice is served).

(3) The notice may require the specified person to give written notice to the Council (being not later than a specified date before the hearing date) as to whether he or she will—

• (a) attend the hearing; and

• (b) speak at the hearing personally or by a representative.

(4) A person who fails to comply with any requirement under subsection (3) may still attend the hearing and be heard. However, in making any order under section 51, the Council may take into account the fact of the non-compliance.

(5) The Council must inform the complainant (if any) in writing of the hearing date.

(6) The Council may authorise any person to appear at a hearing and adduce evidence and make submissions on the matter.

For the purposes of a disciplinary hearing, the Council has the powers of a commission under the Commissions of Inquiry Act 1908 and the provisions of that Act, except sections 11 and 12 (which relate to costs) apply as if the hearing were an inquiry under that Act.

(1) The Council must hold every disciplinary hearing in public.

(2) However, if the Council considers it appropriate to do so, having regard to the interests of any person and to the public interest, the Council may—

• (a) hold a hearing or any part of a hearing in private:

• (b) prohibit, by order, the publication of—

  • (i) any report of a hearing or a part of a hearing (whether held in public or in private):

  • (ii) the whole or any part of any paper, document, or record produced at a hearing:

  • (iii) the name of or any particulars about the specified person who is the subject of a hearing, or any other person:

• (c) decide a hearing, including any question arising during the hearing, in private.

(3) An order made under subsection (2)(b) continues in force until the sooner of the date specified in the order (if any) or the date of its revocation. However, a person may apply at any time to the Council for the order to be revoked.

(4) Subsection (2)(b)(iii) does not apply in relation to the publication of the effect of an order under section 54(2).

(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who, without lawful excuse, breaches any order made by the Council under subsection (2).

(1) The Council may take 1 or more of the actions set out in section 51 against a specified person if, at the conclusion of a disciplinary hearing, it is satisfied that—

• (a) both of the following matters apply:

  • (i) the specified person has been convicted within the last 7 years, whether before or after he or she was registered, by any court in New Zealand or elsewhere of—

    • (A) any offence punishable by imprisonment for a term of 3 months or more; or

    • (B) any other offence against this or any other Act that has a direct bearing on the veterinary profession; or

    • (C) an offence against the Agricultural Compounds and Veterinary Medicines Act 1997, the Animal Welfare Act 1999, the Medicines Act 1981, or the Misuse of Drugs Act 1975, or an offence against any regulations made by or under those Acts; and

  • (ii) the commission of the offence reflects adversely on the person's fitness to practise as a veterinarian; or

• (b) the specified person has been guilty of professional misconduct because of any act or omission (including an unethical act or omission) that, in the opinion of the Council, requires disciplinary sanction; or

• (c) the specified person has been guilty of professional misconduct because of any act or omission that, in the opinion of the Council, has brought or was likely to bring discredit to the profession; or

• (d) the specified person has, for the purpose of obtaining registration (either for himself or herself or for any other person),—

  • (i) either orally or in writing, made any declaration or representation knowing it to be false or misleading in a material particular; or

  • (ii) produced to the Council or made use of any document knowing it to contain a declaration or representation referred to in subparagraph (i); or

  • (iii) produced to the Council or made use of any document knowing that it was not genuine; or

• (e) the specified person has been struck off the register of veterinarians or has otherwise been disciplined by a veterinary professional organisation in another country; or

• (f) the specified person has breached any conditions of practice imposed on him or her; or

• (g) the specified person has failed to comply with the minimum standards for practising.

(2) However, the Council must not take any action against a specified person in relation to any matter in subsection (1) that occurred before the specified person was registered, if the Council knew of the matter before the registration.

(1) In any case to which section 50 applies, the Council may—

• (a) do either or both of the following things:

  • (i) cancel the specified person's registration and remove the person's name from the register:

  • (ii) at the same time, or in a subsequent order, order that the specified person may not apply for reregistration before the expiry of a specified period:

• (b) if the specified person is registered as a specialist, amend his or her registration (and certificate of registration) to that of a registered person only:

• (c) suspend the specified person's registration for a period of no more than 12 months:

• (d) cancel the specified person's practising certificate:

• (e) suspend the specified person's practising certificate for a specified period:

• (f) order that the specified person be ineligible to hold a practising certificate for a specified period:

• (g) order that the specified person be censured:

• (h) order that the specified person may, for a period not exceeding 3 years, practise only subject to the conditions of practice specified in the order:

• (i) order the specified person to pay,—

  • (i) in any case to which section 50(1)(b) or (c) applies, a fine not exceeding $30,000; and

  • (ii) in any case to which section 50(1)(d) applies, a fine not exceeding $10,000:

• (j) if the matter arises from a complaint, order—

  • (i) that any professional fee paid or owing to the specified person by the complainant be refunded, reduced, or waived:

  • (ii) that the specified person pay the complainant's costs and expenses for the hearing by the Council and any inquiries made by the complaints assessment committee.

(2) No fine may be imposed under subsection (1)(i) in relation to an act or omission that constitutes an offence for which the specified person has been convicted by a court.

(3) The Council may order that the specified person pay the costs and expenses of, and incidental to, the disciplinary hearing and any investigation made by the complaints assessment committee.

(4) The Registrar must note the action taken by the Council in the register, and the Council may publicly notify the action in any other way it thinks fit.

(5) An application by a specified person to whom subsection (1)(a)(ii) applies to have his or her name restored to the register must be treated for the purposes of this Act as if it were an application under section 10.

If money payable by a specified person under section 51(1)(i), (1)(j), or (3) remains unpaid for 60 days or more, the Council may—

• (a) cancel the person's registration; or

• (b) suspend the person's registration until the person pays the money and, if he or she does not do so within 12 months, cancel his or her registration; or

• (c) cancel the person's practising certificate; or

• (d) suspend the person's practising certificate until the person pays the money and, if he or she does not do so before the practising certificate expires, refuse any subsequent application for a practising certificate until the money is paid.

(1) A decision or an order of the Council made under section 51 must—

• (a) be in writing (with reasons); and

• (b) contain a statement of the specified person's right to appeal against the decision or order, and the time within which the notice of appeal must be given; and

• (c) be signed by the chairperson of the Council or the Registrar.

(2) A copy of a decision or an order must be served on the specified person to whom it applies and takes effect from the date on which it is served or a later date as may be specified in the decision or order.

(3) The Registrar must inform the complainant (if any) in writing of the effect of any decision or order made under section 51.

(1) This section applies if—

• (a) the Council has made a decision or an order under this Part in relation to a specified person and the specified person has not appealed against the decision or order within the time allowed; or

• (b) a court has made an order under this Act in relation to a specified person.

(2) If subsection (1) applies, the Council may publish a notice in 1 or more publications it thinks fit stating the effect of the decision or order.

(3) Subsection (2) is subject to sections 49 and 71.

(1) The Council may by notice, on its own initiative or on the recommendation of a complaints assessment committee, require a specified person to undertake a medical examination by a medical practitioner at the Council's expense.

(2) The notice must—

• (a) be served on the specified person; and

• (b) be in writing signed by the chairperson (with reasons); and

• (c) specify—

  • (i) the name and address of the medical practitioner who is to conduct the examination; and

  • (ii) the date by which the examination is to take place (being a date not earlier than 5 working days after the notice is served on the specified person); and

• (d) inform the specified person that—

  • (i) he or she may attend the examination with another person who may be a support person or an observer; and

  • (ii) he or she may refuse to undertake the examination, but that the Council may, despite the refusal, act under section 57(1) in any event.

(3) Before giving a notice under this section, the Council must endeavour to consult with the specified person about the medical practitioner who is to conduct the examination.

(4) The medical practitioner must, as soon as practicable after conducting an examination, make a written report to the Council.

(5) The Council must, as soon as practicable after receiving the report,—

• (a) send a copy to the specified person; and

• (b) give the specified person a reasonable opportunity to make submissions and be heard on the matter (either personally or by counsel or agent).

(1) In addition to acting under section 55, the Council may, on its own initiative, until it has conducted the medical assessment,—

• (a) suspend the specified person's practising certificate; or

• (b) impose conditions of practice on the specified person.

(2) For the purposes of this section, section 44(5) to (7) applies, with all necessary modifications, as if the Council were acting under that section on the recommendation of a complaints assessment committee.

(1) The Council may take 1 or more of the following actions against a specified person who has undergone a medical assessment:

• (a) cancel the specified person's registration:

• (b) suspend the specified person's registration for a specified period:

• (c) cancel the specified person's practising certificate:

• (d) suspend the specified person's practising certificate for a specified period:

• (e) order that the specified person be ineligible to hold a practising certificate for a specified period:

• (f) impose conditions of practice on the specified person.

(2) At any time the Council may cancel the suspension of a specified person's registration or practising certificate or remove any conditions of practice imposed on the specified person under this section.

(3) However, the Council may act under subsection (2) only if it is satisfied that the suspension is no longer required or the specified person can practise satisfactorily as a veterinarian (with or without conditions of practice being imposed).

(1) The Council may by notice, on the recommendation of a complaints assessment committee or of its own motion, require a specified person to undergo an assessment of the specified person's competence at the Council's expense.

(2) An assessment must follow the procedure set out in section 55(2) to (5), and those provisions apply with all necessary modifications, as if the medical examination were an examination by a person qualified to assess the specified person's competence.

For the purposes of a competence assessment, the Council may inspect a specified person's practice records, and the specified person must make the records available, without charge, for that purpose to any person authorised by the Council to receive them.

(1) The Council may take 1 or more of the following actions against a specified person who has undergone a competence assessment:

• (a) cancel the specified person's registration:

• (b) suspend the specified person's registration for a specified period:

• (c) cancel the specified person's practising certificate:

• (d) suspend the specified person's practising certificate for a specified period:

• (e) order that the specified person be ineligible to hold a practising certificate for a specified period:

• (f) impose conditions of practice on the specified person.

(2) At any time, the Council may cancel the suspension of a specified person's registration or practising certificate or remove any conditions of practice imposed on the specified person under this section.

(3) However, the Council may act under subsection (2) only if it is satisfied that the suspension is no longer required or that the specified person can practise satisfactorily as a veterinarian (with or without conditions of practice being imposed).