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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Cost recovery

212: Penalties for failure to pay fee, charge, or levy

You could also call this:

"What happens if you don't pay fees or charges on time"

Illustration for Food Act 2014

If you do not pay a fee, charge, or levy on time, the chief executive can increase the amount you owe, as stated in section 215. The chief executive can also choose to waive some or all of the extra amount, as stated in section 216, or stop providing a service to you, as stated in section 217.

If you owe money, the chief executive can stop or suspend approvals, refuse to do certain tasks, or stop registering food control plans. The chief executive can also recover costs if they need to provide extra services or do extra work to ensure food is safe when stopping or suspending operations.

This rule does not apply to debts owed by territorial authorities to the Ministry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996322.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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211: Fees, charges, and levies to constitute debt, or

"Unpaid fees and charges are debts you must pay to the government or council."

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213: Dispute does not suspend obligation to pay fee, charge, levy, or penalty, or

"You must pay a fee, even if you disagree with it, while you sort out the dispute."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Cost recovery

212Penalties for failure to pay fee, charge, or levy

  1. If a person has failed to pay to the chief executive by the due date any fee, charge, or levy payable under this subpart,—

  2. section 215 applies to increase the amount payable; and
    1. section 216 applies to allow the chief executive, in appropriate cases, to waive the payment of all or any of the amount of any such increase; and
      1. section 217 applies to allow the chief executive to withdraw, or refuse to provide the person in default with, any service of the kind to which the debt relates.

        1. For the purposes of subsection (1)(c) and section 217, and without limiting section 216, the references in those provisions to the withdrawal or refusal to provide any service are to be treated as also authorising the chief executive, in an appropriate case, to—

        2. withhold or suspend any approval under this Act:
          1. refuse to perform any function under this Act in relation to the person in default:
            1. withhold the registration of any food control plan.

              1. If the withdrawal of any approval or registration under this section, or any suspension of operations, requires the chief executive to provide any further service, perform any further function, or incur any further costs in the interests of ensuring the fitness, for the intended purpose, of the food involved in the withdrawal or suspension, the chief executive may recover any reasonable amount for the additional service, function, or costs as a debt due from the person who owns or is responsible for the operation concerned.

              2. This section does not apply to any debt owed to the Ministry by a territorial authority.