2 SEPTEMBER 2010 NEW ZEALAND GAZETTE, No. 113 3027

2. Interpretation—In this notice, "Burkhart Fisheries" means Burkhart Fisheries Limited, Lanfar Holdings (No.4) Limited, Trevor Milton Burkhart, Dennis Lindsay Burkhart, Denbar Investments Limited, Lobster (NZ) Limited, and includes any persons associated with these persons and companies in terms of section 59(10) of the Fisheries Act 1996.

3. Exemption to quota aggregation limit—From the date that this notice comes into effect, consent is given for Burkhart Fisheries to hold quota shares for rock lobster in quota management area 5 up to the limit of 26,890,000 quota shares.

4. Revocation—The Fisheries (Quota Aggregation Limit Exemption) Notice (No. 2) 2005 (No. F347), published in the New Zealand Gazette, 20 October 2005, No. 177, page 4498, is revoked.

Dated at Wellington this 24th day of August 2010.

HON PHIL HEATLEY, Minister of Fisheries and Aquaculture.

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Health

Health and Disability Services (Safety) Act 2001

Amendment to Designation of Auditing Agency

Pursuant to section 35 of the Health and Disability Services (Safety) Act 2001 (“the Act”), I, Janice Wilson, Deputy Director-General, Population Health Directorate, Ministry of Health (“the Ministry”) under delegation from the Director-General of Health, amend the designation of Bureau Veritas (New Zealand) Limited (the “Designated Auditing Agency” (“DAA”)) to audit the provision or likely future provision of the following kinds of health care services:

• Hospital Care (as defined in section 4(1) of the Act);
• Rest Home Care (as defined in section 6(2) of the Act); and
• Residential Disability Care (as defined in section 4(1) of the Act).

This designation is subject to the following conditions:

1. The DAA must comply with the relevant requirements of the DAA Handbook issued by the Ministry and updated from time to time.

2. Promptly after giving a certified provider or prospective provider an audit report, the DAA must:

   • complete the Ministry of Health Audit Report Tool and provide an electronic copy to the Ministry; and
   • provide a summary of the audit report to the Ministry (refer to condition 9).

3. The DAA must provide any information about the auditing of health care services pursuant to the Act if requested in writing by the Ministry.

4. During the term of the DAA’s designation, the DAA will allow the Ministry to audit or to commission the undertaking of audits or reviews of the DAA. This could also include attending audits being undertaken by the DAA. The Ministry may or may not notify the DAA of any audit or review.

5. The DAA must immediately notify the Ministry in writing of any significant change to the DAA, including but not restricted to:

   • any change in ownership and/or control of the legal entity;
   • any change in management personnel;
   • any change in pricing;
   • any change to the Auditor Register (refer to condition 8); and
   • any change in the status of any third party accreditation the DAA may hold including evidence of such accreditation and copies of any Third Party Accreditation Audit Reports or notifications in respect of their accreditation.

6. The DAA must conduct as a minimum at least one annual:

   • internal audit that focuses on the DAA’s auditing activities undertaken pursuant to the Act, together with a compliance audit against the requirements of the DAA as set out in the Act; and
   • management review in respect of the DAA’s programmes operated pursuant to the Act.

7. The DAA shall at all times operate an internal appeals system which is documented and conveyed in writing to all clients. Auditable records of the facts and outcomes of all client appeals shall be maintained by the DAA. The DAA must provide these records in writing to the Ministry when requested by the Ministry.

8. The DAA must provide in writing, in a timely manner when requested by the Ministry, the details of the name, auditing qualifications and experience, and, if relevant, the area of clinical or service competency of each auditor or technical expert approved by the DAA to undertake audits pursuant to the Act.

9. The DAA must provide all documentation to the Ministry in the form prescribed by the Ministry.

10. The DAA must hold third party accreditation with a Ministry-approved third party accreditation body.

This amendment comes into force on the day after this notice is published in the New Zealand Gazette.

Dated this 16th day of August 2010.

JANICE WILSON, Deputy Director-General, Population Health Directorate, Ministry of Health.

Note: This notice amends a notice designating Bureau Veritas (New Zealand) Limited, published in the New Zealand Gazette, 28 August 2008, No. 133, page 3487 (the initial notice). A subsequent notice, published in the New Zealand Gazette, 28 May 2009, No. 76, page 1784, amending the initial notice purported to revoke the initial notice and that purported revocation is invalid.

Also Note: This notice incorporates amendments made to the designation of this agency published in the New Zealand Gazette, 3 June 2010, No. 61, page 1771.

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Amendment to Designation of Auditing Agency

Pursuant to section 35 of the Health and Disability Services (Safety) Act 2001 (“the Act”), I, Janice Wilson, Deputy Director-General, Population Health Directorate, Ministry of Health (“the Ministry”) under delegation from the Director-General of Health, amend the designation of Enhancing Quality Services Limited (the “Designated Auditing Agency” (“DAA”)) to audit the provision or likely future provision of the following kinds of health care services: