sec.68Procedure for cancellation or suspension by chief executive

### sec.68 Procedure for cancellation or suspension by chief executive If the chief executive considers grounds exist under section 67 (1) to suspend or cancel an authority (the proposed action ), the chief executive must give the holder of the authority a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the authority—states the proposed suspension period; and invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken. If, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may— if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. The chief executive must inform the holder of the decision by written notice. If the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision. The decision takes effect on the later of— the day when the notice is given to the holder; or the day of effect stated in the notice. Compensation is not payable if the chief executive suspends or cancels an authority. However, subsection (6) does not prevent a regulation providing for payment of compensation. This section does not affect the suspension or cancellation of an authority under a regulation. s 68 amd 2000 No. 26 s 13 sch 2 ; 2001 No. 23 s 15 ; 2003 No. 82 s 28 ; 2006 No. 28 s 3 sch ; 2009 No. 24 s 515 ; 2019 No. 6 s 3 sch 1 (sec.68-ssec.1) If the chief executive considers grounds exist under section 67 (1) to suspend or cancel an authority (the proposed action ), the chief executive must give the holder of the authority a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the authority—states the proposed suspension period; and invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken. (sec.68-ssec.2) If, after considering all written representations made within the stated time, the chief executive still considers grounds to take the proposed action exist, the chief executive may— if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. (sec.68-ssec.3) The chief executive must inform the holder of the decision by written notice. (sec.68-ssec.4) If the chief executive decides to suspend or cancel the authority, the notice must be an information notice for the decision. (sec.68-ssec.5) The decision takes effect on the later of— the day when the notice is given to the holder; or the day of effect stated in the notice. (sec.68-ssec.6) Compensation is not payable if the chief executive suspends or cancels an authority. (sec.68-ssec.7) However, subsection (6) does not prevent a regulation providing for payment of compensation. (sec.68-ssec.8) This section does not affect the suspension or cancellation of an authority under a regulation. - (a) states the proposed action; and - (b) states the grounds for the proposed action; and - (c) outlines the facts and circumstances forming the basis for the grounds; and - (d) if the proposed action is suspension of the authority—states the proposed suspension period; and - (e) invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken. - (a) if the proposed action was to suspend the authority for a specified period—suspend the authority for not longer than the proposed suspension period; or - (b) if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. - (a) the day when the notice is given to the holder; or - (b) the day of effect stated in the notice.