90Cancellation or suspension of licence

### 90 Cancellation or suspension of licence > [*\[Section 90 Subsection (1) amended by No. 45 of 1997, s. 26, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS26@Hpa@EN) [*\[Section 90 Subsection (1) amended by No. 45 of 1997, s. 26, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS26@Hpb@EN) [*\[Section 90 Subsection (1) amended by No. 45 of 1997, s. 26, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS26@Hpc@EN) [*\[Section 90 Substituted by No. 7 of 2007, s. 29, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS29@EN) [*\[Section 90 Substituted by No. 24 of 2021, s. 12, Applied:31 Mar 2023\]*](/view/html/inforce/2023-03-31/act-2021-024#GS12@EN) > > > (1)  In this section – > > > > > ***approved user***, of a licence, means a person who is allowed to use the licence pursuant to an approval under [section 87](#GS87@EN) . > > > (2)  The Secretary may, by notice in writing, cancel a licence, or suspend it for a period of up to 5 years, if – > > > > > > (a) the licence holder, or a supervisor or an approved user, of the licence is convicted of an offence, against this Act, another Act or a corresponding law, being an offence of a kind that is – > > > > > > > > > > (i) relevant to the holding, supervision or use of the licence; and > > > > > > > > > > > (ii) of such character as to merit the cancellation or suspension of the licence; or > > > > > > > (b) the holder, or a supervisor or approved user, of the licence is convicted of an offence, against a corresponding law or a law of New Zealand, that is the equivalent of an offence under this Act; or > > > > > > > (c) the holder, or a supervisor or approved user, of the licence contravenes a condition of the licence; or > > > > > > > (d) the holder, or a supervisor or approved user, of the licence contravenes a provision of this Act relating to the keeping or supply of any records, accounts or other information; or > > > > > > > (e) a fee or charge or other money payable in respect of the licence is not paid by the due date. > > > (3)  The authority conferred by a licence is of no effect while it is suspended. > > > (4)  The Secretary may not cancel or suspend a licence under [subsection (2)](#GS90@Gs2@EN) unless the Secretary has – > > > > > > (a) at least 14 days before the cancellation or suspension, issued a notice to the holder of the licence – > > > > > > > > > > (i) advising that the Secretary intends to cancel or suspend the licence; and > > > > > > > > > > > (ii) specifying the grounds on which the Secretary intends to cancel or suspend the licence; and > > > > > > > > > > > (iii) inviting the person to provide to the Secretary within 14 days after receiving the notice, written reasons as to why the licence ought not to be cancelled or suspended; and > > > > > > > (b) considered any written reasons provided to the Secretary under [subsection (5)](#GS90@Gs5@EN) . > > > (5)  The holder of a licence to whom a notice has been issued under [subsection (4)(a)](#GS90@Gs4@Hpa@EN) may provide to the Secretary, within 14 days after receiving the notice, written reasons as to why the licence should not be cancelled or suspended as proposed in the notice. > > > (6)  The cancellation or suspension of a licence under this section takes effect as soon as the licence holder has been given notification of the cancellation or suspension under [subsection (2)](#GS90@Gs2@EN) .