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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Infringement offences

219: Issue and cancellation of infringement notices

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"What happens if you get a fine for breaking food safety rules and how it can be cancelled"

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If you break a food safety rule, a food safety officer can give you an infringement notice. This can happen if the officer sees you breaking the rule, or if they think you are breaking the rule, or if they think you have already broken the rule. The officer can give you the notice in person.

A food safety officer can cancel an infringement notice if it is fair to do so and if no further action has been taken in the District Court. The notice is cancelled when you get a cancellation notice. You can get the infringement notice or cancellation notice in person from a food safety officer.

You can also get the notice by post, sent to your home, work, or other address that is known. If you get the notice by post, it is considered to be served on you when it was posted, according to the Summary Proceedings Act 1957. This means that the notice is treated as having been given to you on the day it was sent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996333.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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218: Proceedings for infringement notices, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Infringement offences

219Issue and cancellation of infringement notices

  1. An infringement notice may be served on a person if a food safety officer—

  2. observes the person committing an infringement offence; or
    1. reasonably believes that the person is committing an infringement offence; or
      1. reasonably believes that the person has committed an infringement offence.

        1. An infringement notice may be cancelled by a food safety officer if—

        2. the interests of justice require cancellation; and
          1. neither the particulars of a reminder notice nor a notice of hearing relating to the infringement notice has been filed in the District Court.

            1. An infringement notice is cancelled by the service of a cancellation notice.

            2. An infringement notice or a cancellation notice may be served by a food safety officer personally delivering it to the person alleged to have committed the infringement offence. A different food safety officer from the one who issued the notice may deliver the notice and the notice served may be a copy.

            3. Alternatively, an infringement notice or a cancellation notice may be served by post addressed to,—

            4. if the person is a natural person,—
              1. the address of the person's last-known place of residence; or
                1. the address on the person's driving licence; or
                  1. the person's address on the latest electoral roll; or
                    1. the person's last-known registered address, if the person has or has had a registered address for any purpose; or
                      1. the person's address in the latest telephone directory; or
                        1. the address of the person's last-known place of business; or
                        2. if the person is not a natural person,—
                          1. the person's last-known registered address, if the person has or has had a registered address for any purpose; or
                            1. the person's address in the latest telephone directory; or
                              1. the address of the person's last-known place of business.

                              2. For the purposes of the Summary Proceedings Act 1957, an infringement notice or a cancellation notice served under subsection (5) is treated as having been served on the person when it was posted.

                              Notes
                              • Section 219(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).