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Food Act 2014

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

235: Offence involving intentionally hindering or obstructing official

You could also call this:

"It's an offence to stop or get in the way of food safety officials doing their job."

Illustration for Food Act 2014

If you intentionally stop or get in the way of someone who is doing their job under the Food Act 2014, you can commit an offence. This person could be a food safety officer, someone from a territorial authority, or someone helping them. They might be performing a function or duty, or exercising a power, under a risk-based measure or an applicable requirement of the Food Act 2014, such as following a rule or a section 357(2) appointment.

If you do not let them do their job, you can also be considered as hindering or obstructing them. You can be fined or imprisoned if you commit this offence.

If you are a company, you can be fined up to $250,000. If you are an individual, you can be imprisoned for up to 3 months and fined up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996353.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

235Offence involving intentionally hindering or obstructing official

  1. A person commits an offence if the person intentionally hinders or obstructs a person—

  2. who is one of the following:
    1. a food safety officer; or
      1. an officer of a territorial authority performing a function or duty, or exercising a power, under this Act; or
        1. a person assisting an officer described in subparagraph (i) or (ii); or
          1. a person employed by a recognised agency; or
            1. a recognised person; or
              1. a person appointed under section 357(2); and
              2. who is performing a function or duty, or exercising a power, under—
                1. a risk-based measure; or
                  1. an applicable requirement of this Act.

                  2. Without limiting what constitutes intentionally hindering or obstructing, intentionally hindering or obstructing includes failing to allow a person to perform a function or duty or to exercise a power under this Act.

                  3. A person who commits an offence against this section is liable on conviction,—

                  4. for a body corporate, to a fine not exceeding $250,000:
                    1. for an individual, to—
                      1. imprisonment for a term not exceeding 3 months; and
                        1. a fine not exceeding $50,000.