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Weights and Measures Act 1987

Miscellaneous provisions

40A: Compensation for loss of perishable goods

You could also call this:

"Rules about getting money back for spoiled food taken by officials"

If someone takes away your food that can go bad quickly, and then gets rid of it, you might be able to get money to make up for it. This can happen if:

  1. The food was taken and kept by officials because of a rule.
  2. The food was then thrown away or sold because of another rule.
  3. You go to court and the court decides there was no good reason to take your food.

If all these things happen, the court can tell the government to pay you a fair amount of money for your lost food.

But remember, you can't get this money if you had a chance to ask for your food back before it was thrown away or sold, and you didn't do it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102966.

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protectionFood and water safety > Food safety
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Part 7Miscellaneous provisions

40ACompensation for loss of perishable goods

  1. Where—

  2. any perishable goods are seized and detained pursuant to section 28(6); and
    1. those goods are disposed of pursuant to section 40(1A); and
      1. on application by way of originating application, by any person having an interest in the goods, the District Court finds that there were no reasonable grounds for that seizure and detention,—
          1. the court may make such order as the court thinks just and expedient for the payment by the Crown, to the applicant, of reasonable compensation for the loss of those goods.

        1. The court shall not make any order under subsection (1) for the payment of compensation to any person in respect of any goods unless the court is satisfied that the goods were disposed of before that person had a reasonable opportunity to make an application under section 39 in respect of the goods.

        Notes
        • Section 40A: inserted, on , by section 18 of the Weights and Measures Amendment Act 1991 (1991 No 9).
        • Section 40A(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).