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Becoming recognised to perform verification

All Wine Act 2003 (the Act) verification functions and activities must be performed by persons who are recognised under the Act. These recognised persons must be employed or engaged by an agency that is also recognised under the Act.

Becoming a recognised agency

Any organisation that wishes to become a recognised agency under the Wine Act 2003 must demonstrate that they meet the criteria in section 69 of the Act and clause 7 of the Wine (Recognised Agencies and Persons) Notice 2007.

Wine Act 2003 - New Zealand legislation website

Wine (Recognised Agencies and Persons) Notice 2007 [PDF 65 KB]

The agency applying for recognition must be able to manage and supply verification functions and activities. NZFSA assesses this by looking at the agency’s:

• competencies and resources

• reputation, including the reputation of its managing directors

• ability to maintain an appropriate degree of impartiality and independence.

You can still apply to be an agency if you are the only person in the agency.

Accreditation to ISO 17020

Clause 7 of the Wine (Recognised Agencies and Persons) Notice 2007 requires agencies to be accredited by an accreditation body to ISO 17020 as a Type A inspection body. However, there is a transition period for this requirement. Agencies are granted ‘temporary’ recognition if they meet all other recognition criteria. Temporary recognition expires on 1 July 2011.

Agencies that are already accredited to ISO 17020 have the transition period (until 1 July 2011) to obtain an extension of scope to cover wine. Such agencies are expected to follow any relevant ISO 17020 procedures and policies when performing Wine Act verification.

Obtaining temporary recognition

To obtain temporary recognition, you need to submit:

• a completed recognised agency application form (WA8)

• copies of documented policies and procedures

• payment.

A completed recognised agency application form (WA8)

Consent to disclosure of convictions is included in this application form. This gives NZFSA written authority to obtain a report from the police of any recorded convictions. Convictions relating to crimes of dishonesty will be particularly relevant. Convictions for other types of offences may also be relevant depending on the type of offence, its severity and the length of time since conviction. All information will remain confidential.

Recognised agency application - WA8 application form [PDF 39 KB] [RTF 1.25 MB]

Copies of documented policies and procedures

Your policies and procedures must ensure that:

• all relevant legal requirements relating to wine verification are complied with

• the results, reports etc. of verification functions and activities are communicated to the wine businesses to which they relate and to NZFSA

• only recognised persons perform functions and activities for the purposes of the Wine Act

• issues relating to complaints and appeals, conflicts of interest , commercial confidentiality and impartiality are appropriately managed.

NZFSA has standard policies for recognised agencies that you may use in the absence of your own policies.

Recognised agency policies

Payment

Send payment as prescribed in the application form WA8.

All costs incurred by NZFSA are recovered under sections 84 and 85 of the Wine Act and Regulation 15 of the Wine Regulations 2006.

Becoming a verifier (recognised person)

Any person who wishes to become a verifier (recognised person) under the Wine Act 2003 must be subject to management of a recognised agency and demonstrate that they meet the criteria in section 70 of the Wine Act and clause 13 of the Wine (Recognised Agencies and Persons) Notice 2007.

Wine Act 2003 - New Zealand legislation website

Wine (Recognised Agencies and Persons) Notice 2007 [PDF 65 KB]

The applicant must be a ‘fit and proper’ person to perform verification functions and activities.

This is in terms of the person’s:

• competencies and resources

• character or reputation

• ability to remain impartial and independent.

To become a recognised person, you need to submit:

• a completed recognised person application form (WA7)

• information that demonstrates your knowledge of winemaking and of regulatory requirements

• a completed verifier assessment questionnaire

• copies of your audit qualifications

• copies of 3 recent audit reports

• information that demonstrates that you are a ‘fit and proper’ person

• payment.

A completed recognised person application form (WA7)

Consent to disclosure of convictions is included in this application form. This gives NZFSA written authority to obtain a report from the police of any recorded convictions for the applicant. Convictions relating to crimes of dishonesty will be particularly relevant. Convictions for other types of offences may also be relevant depending on the type of offence, its severity and the length of time since conviction. All information will remain confidential.

Recognised person application - WA7 application form [PDF 35 KB] [RTF 1.26 MB]

Demonstration of winemaking and legal knowledge

You need to demonstrate that you have a technical understanding of winemaking and have knowledge of the Wine Act regulatory system. This information will assist NZFSA to determine whether you are able to act as a recognised person in the wine industry.

You can demonstrate these through a written explanation of winery or winemaking experience, oenological qualifications, or attendance at a NZFSA verifier workshop (held in 2008). All applicants need to complete the verifier assessment questions to demonstrate competence and an understanding of NZFSA requirements. Satisfactory completion of the questions below will assist in demonstrating fulfilment of clauses 13(2)(c) and (d) of the Wine (Recognised Agencies and Persons) Notice 2007.

NZFSA reserves the right to determine acceptance of any subsequent application on a case-by-case basis, and subject to any additional evidence provided by the applicant to support their suitability for a re-assessment.

Verifier assessment questions

Copies of audit qualifications

Acceptable audit qualifications:

• certified by a Joint Accreditation System Australia/New Zealand (JAS-ANZ) accredited body

• a NZQA-recognised audit course

• a NZQA unit standard in auditing at level 6 or above

• any alternative approved by NZFSA as a generally equivalent auditing qualification.

Copies of 3 recent audit reports

You need to demonstrate satisfactory performance as an auditor. To do this you are required to submit copies of three previous audit reports; remove any commercially sensitive information. The audit reports may be from any area.

Demonstration of fit and proper person

Provide the name and contact details of two referees. NZFSA will contact referees.

Payment

Send payment as prescribed in the application form WA7.

All costs incurred by NZFSA are recovered under sections 84 and 85 of the Wine Act and Regulation 15 of the Wine Regulations 2006.

Conditions of recognition

All recognised persons are subject to notices issued under section 57(1) of the Wine Act.
Conditions of Recognition (Persons recognised to perform verification activities and functions under the Wine Act 2003)

Notice of Direction under Section 57(1) of the Wine Act 2003 - (Exercise of verification functions and activities under the Wine Act 2003) [PDF 32 KB]

Recognition – conditions, refusal, withdrawal, surrender, substitution

Conditions of recognition

In addition to the standard recognition conditions, recognition may be granted with any other conditions. NZFSA may revoke, amend or add conditions at any time. You will be notified in writing of any change to conditions. Refer to Section 76 of the Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Refusal of registration

NZFSA can refuse an application if the applicant does not demonstrate that they meet the criteria.
Refer to Section 78 of the Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Withdrawal of recognition

NZFSA may withdraw recognition at any time by written notice.
Refer to section 79 of the Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Surrender of recognition

Recognised persons or agencies may choose to surrender their recognition.
Refer to section 80 of the Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Substituted notice of recognition

NZFSA may cancel any existing recognition and issue a new notice of recognition in certain cases.
Refer to section 81 Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Decisions may be reviewed

If NZFSA refuses an application, varies any condition, or withdraws recognition, the recognised person can request a review of that decision.
Refer to section 82 of Wine Act 2003.

Wine Act 2003 - New Zealand legislation website

Contact for verification enquiries

wine.query@nzfsa.govt.nz

Updated 20 May 2009