Plain language law

New Zealand law explained for everyone

Food Act 2014

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

252: Defences in prosecution for advertising offence

You could also call this:

"What to do if you're in trouble for advertising food wrongly: saying it wasn't your fault"

If you are being prosecuted for an offence against section 238 of the Food Act 2014, you have a defence if you can prove that someone else did the thing that caused the offence, or it was an accident, or something outside your control caused it. You also need to prove that you took all reasonable precautions to avoid the offence. You can do this by showing that you were careful and did everything you could to stop the offence from happening.

If you publish advertisements as part of your business, you have a defence if you can prove that you published the advertisement as part of your normal business activities. This means you were just doing your job and did not try to break the law. You published the advertisement in the ordinary course of your business, without trying to do anything wrong.

However, this defence does not apply if you were told in writing by a food safety officer that publishing the advertisement would be an offence, or if you should have known it was an offence. It also does not apply if you are the person in charge of the food business that the advertisement was for, or if you help manage that business. In these cases, you cannot use the defence that you were just doing your job.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM2996372.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesBusiness > Fair trading
Previous

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

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

Next

253: Defences in prosecution for selling non-complying food, or

"You have a defence against selling bad food if you can prove you didn't know it was bad."

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

252Defences in prosecution for advertising offence

  1. This section applies in a prosecution for an offence against section 238.

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

  3. the commission of the offence—
    1. was the act or omission of another person; or
      1. was an accident; or
        1. resulted from 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.

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

          2. the defendant carried on the business of publishing or arranging for the publication of advertisements; and
            1. the defendant published or arranged for the publication of the advertisement in the ordinary course of the business.

              1. Subsection (3) does not apply if the defendant—

              2. was informed that publication of the advertisement would constitute an offence—
                1. before the advertisement was published; and
                  1. in writing; and
                    1. by a food safety officer or a person performing functions or duties, or exercising powers, under this Act; or
                    2. ought reasonably to have known that the publication of the advertisement was an offence; or
                      1. is the operator of a food business for which the advertisement was published; or
                        1. is involved in the management of a food business for which the advertisement was published.