Pursue an administrative remedy for non-compliance

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4233 version 5
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Pursue an administrative remedy for non-compliance
Level
5
Credits
6
Purpose
This unit standard is for people who work, or intend to work as compliance
inspectors or enforcement officers. People credited with this unit standard
are able to decide on remedial action to take in response to non-compliance,
and prepare and serve a summons or notice.
Subfield
Compliance and Law Enforcement
Domain
Compliance and Regulatory Control
Status
Registered
Status date
25 July 2007
Date version published
25 July 2007
Planned review date
31 December 2012
Entry information
Open.
Accreditation
Evaluation of documentation and visit by NZQA, industry
and teaching professional in the same field from another
provider.
Standard setting body (SSB)
The Skills Organisation
Accreditation and Moderation Action Plan (AMAP) reference
0046
This AMAP can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Special notes
1
Assessment will be in relation to those laws, regulations, bylaws, activities,
procedures, and policies defined by the compliance and/or regulatory organisation
relevant to the performance context. These include sections 24 to 30 of the
Summary Proceedings Act 1957.
2
Organisational requirements refer to instructions to staff on policy and procedures
which are documented in memo or manual format and are available in the workplace.
These include the application of legislation.
 New Zealand Qualifications Authority 2016
4233 version 5
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Elements and performance criteria
Element 1
Decide on remedial action to take in response to non-compliance.
Performance criteria
1.1
Discretionary decision-making powers are identified with respect to specific noncompliance.
1.2
Decision is based on assessment of factors bearing on the non-compliance.
Range
severity, organisational policy, legislative obligation; may include –
past compliance performance of client, case law precedence, past
treatment of similar incident or situation.
1.3
Recommendation for remedial action is provided with full description of noncompliance and reasons for recommendation.
1.4
Decision meets organisational requirements for approval.
Element 2
Prepare and serve a summons or notice.
Range
one of – summons, compliance notice, fine notice, notice to seize property.
Performance criteria
2.1
Summons or notice is completed to specification.
2.2
Method of delivery for summons or notice is legal and is chosen to suit the
circumstances.
2.3
Summons or notice is delivered to the correct person.
2.4
The recipient is advised of the purpose of the summons or notice, obligations
under the summons or notice, consequences of not responding to requirements
of the summons or notice, and rights in relation to the summons or notice.
2.5
Intent of the summons or notice is clearly conveyed and the recipient’s
understanding is checked and confirmed.
2.6
Issue of document is legal and is recorded in accordance with organisational
requirements.
 New Zealand Qualifications Authority 2016
4233 version 5
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Please note
Providers must be accredited by NZQA, or an inter-institutional body with delegated
authority for quality assurance, before they can report credits from assessment against
unit standards or deliver courses of study leading to that assessment.
Industry Training Organisations must be accredited by NZQA before they can register
credits from assessment against unit standards.
Accredited providers and Industry Training Organisations assessing against unit standards
must engage with the moderation system that applies to those standards.
Accreditation requirements and an outline of the moderation system that applies to this
standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The
AMAP also includes useful information about special requirements for organisations
wishing to develop education and training programmes, such as minimum qualifications for
tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact The Skills Organisation [email protected] if you wish to suggest changes
to the content of this unit standard.
 New Zealand Qualifications Authority 2016
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