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Food Act 2014

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

251: Defence in prosecution for strict liability offence, except advertising offence

You could also call this:

"You have a defence against some food law charges if someone or something else caused the problem and you were careful."

Illustration for Food Act 2014

If you are being prosecuted for a strict liability offence under the Food Act 2014, except for an advertising offence, this section applies to you. You can use this section if you are being prosecuted under sections like sections 226, 228, 231, 234(1), and 240 to 244.

You have a defence if you can prove that someone else's action, an accident, or something outside your control caused the offence. You must also prove that you took all reasonable precautions and were careful to avoid the offence.

You need to show that you did everything you could to prevent the offence from happening, and that it was not your fault.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996371.

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

251Defence in prosecution for strict liability offence, except advertising offence

  1. This section applies in a prosecution for an offence against any of sections 226, 228, 231, 234(1), and 240 to 244.

  2. The defendant has a defence if the defendant proves that—

  3. the commission of the offence was due to—
    1. the act or omission of another person; or
      1. an accident; or
        1. some other cause outside the defendant’s control; and
        2. the defendant took all reasonable precautions and exercised due diligence to avoid the commission of the offence or offences of the same kind.