40 Approval and cancellation of approval of facility operators

(1)

Any person may apply, in an approved form and manner, to the Director-General for approval as the operator of a specified transitional facility or specified containment facility.

(2)

Every application must be accompanied by such further information as the Director-General may require.

(3)

The Director-General must consider every application made under subsection (1).

(3A)

In considering an application, the Director-General may take the matters in subsection (3B) into account in relation to—

(a)

the applicant:

(b)

a person involved in the management of the applicant:

(c)

an organisation of which the applicant is or was a director or manager.

(3B)

The matters are—

(a)

a serious or repeated failure to comply in the past with a duty imposed by this Act on a facility operator:

(b)

a conviction for an offence against this Act, the Customs and Excise Act 2018, the Hazardous Substances and New Organisms Act 1996, or any other enactment that regulates the importation of goods:

(c)

a conviction in New Zealand or another country for an offence relating to fraud or dishonesty:

(d)

a conviction in New Zealand or another country for an offence relating to a business of a kind that is regulated under this Act or any other enactment administered by the Ministry and involving—

(i)

management control in New Zealand or another country:

(ii)

business activities in New Zealand or another country:

(e)

any circumstances that could lead to a failure to comply in the future with a duty imposed by this Act on a facility operator.

(3C)

The Director-General may approve the applicant as a facility operator if satisfied that the applicant—

(a)

is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and

(b)

is able to comply with the operating standards for the facility.

(3D)

The Director-General may approve the applicant as a facility operator—

(a)

on the condition that the operator will comply with applicable standards; and

(b)

on any other conditions that the Director-General considers necessary or desirable.

(3E)

The Director-General may amend conditions in an approval, remove conditions from an approval, or add conditions to an approval when he or she considers it necessary or desirable to do so.

(4)

The Director-General may, by written notice to a person, and whether or not the Director-General has suspended the person’s approval under section 40D, cancel that person’s approval to operate a specified transitional facility or a specified containment facility where—

(a)

the person is no longer operating the facility in compliance with the operating standards for the facility; or

(b)

the person has ceased to act as operator of the facility; or

(c)

the person is no longer a fit and proper person to operate the facility.

(5)

In exercising a power under subsection (4), the Director-General must observe the rules of natural justice.

(6)

A facility operator must comply with—

(a)

all the conditions of the facility approval and the operator approval; and

(b)

all directions given by an inspector relating to goods held at the facility; and

(c)

all restrictions relating to the release of goods held at the facility communicated to the operator by an inspector.

Section 40: replaced, on 26 November 1997, by section 21 of the Biosecurity Amendment Act 1997 (1997 No 89).

Section 40 heading: replaced, on 18 September 2012, by section 34(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(1): amended, on 18 September 2012, by section 34(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3): replaced, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3A): inserted, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3B): inserted, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3B)(b): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 40(3C): inserted, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3D): inserted, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(3E): inserted, on 18 September 2012, by section 34(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(4): amended, on 18 September 2012, by section 34(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 40(6): replaced, on 18 September 2012, by section 34(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).