Wine Act 2003

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25 Deregistration of wine standards management plan

(1)

The Director-General may remove a wine standards management plan from the register if the Director-General is satisfied that—

(a)

the Director-General would be justified under section 24 in suspending operations under the plan but, in light of repeated suspensions of operations under the wine standards management plan in the past under that section, it would be more appropriate to deregister the plan; or

(b)

there is or has been such a serious failure of operations or other matters under the plan as to cast doubt on the fitness for its intended purpose of the wine produced under the plan; or

(ba)

removal of the plan from the register is permitted under section 23A; or

(c)

whether by reason of the passage of time or changing circumstances, or for any other reason, the wine standards management plan no longer ensures the fitness for its intended purpose of the wine under the plan; or

(d)

the operator of the plan is no longer a fit and proper person to operate or be responsible for the operation of a wine business, taking into account any conviction of the operator or any director or manager of the wine business concerned, whether in New Zealand or overseas, of any offence relating to fraud or dishonesty, or relating to management control or business activities in respect of businesses of a kind (whether in New Zealand or elsewhere) that are regulated under this Act; or

(e)

if the business ceases to be a wine business.

(2)

The Director-General may not deregister a wine standards management plan under this section unless he or she has first—

(a)

notified the operator of the plan (whether orally or in writing) of the intention to deregister and the reason for deregistration; and

(b)

given the operator an opportunity to be heard.

(3)

Where the Director-General finally determines to deregister a wine standards management plan, the Director-General must—

(a)

give written notice of that fact to the operator of the plan, giving reasons and specifying the date on which the deregistration takes effect (which may not be earlier than the date of notification); and

(b)

notify the operator’s verifying agency of that fact.

(4)

Where a wine standards management plan is deregistered under this section, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected wine and may exercise any of his or her other powers under section 59.

(5)

The Director-General may notify any deregistration under this section in the Gazette.

(6)

The deregistration of a wine standards management plan does not affect any other actions that the Director-General may take under this Act.

(7)

If a person acting under the delegated authority of the Director-General deregisters a wine standards management plan under this section, the operator of the wine standards management plan or of the wine business concerned may seek a review of the deregistration under section 114.

Section 25(1): amended, on 2 March 2018, by section 194(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 25(1)(ba): inserted, on 2 March 2018, by section 194(2) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 25(3)(b): amended, on 2 March 2018, by section 194(3) of the Food Safety Law Reform Act 2018 (2018 No 3).