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Food Act 2014

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

257: Prosecutor to be notified of defences

You could also call this:

"Tell the prosecutor in writing if you want to use a defence in court"

Illustration for Food Act 2014

If you want to use a defence under sections 251 to 255, you must tell the prosecutor in writing. You need to give the prosecutor this notice at least 15 working days before the hearing date, or at a different time that the court allows. The notice must say that you intend to use the defence and include certain information.

You must include information about the defence you are using, such as the identity of a person or the facts that support your defence. For example, if you are using the defence in section 255(3), you must provide information about the person you gave the food to, or explain why you cannot identify them. If you are using the defence in section 251 or section 252, you must give written notice of the person or accident you are relying on.

The notice you give to the prosecutor must comply with certain rules, and you must make sure you follow these rules to use your chosen defence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996377.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Food and water safety
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256: Employees and agents have same defences, or

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258: Standard of proof for establishing defence, or

"Proving you're not guilty: showing it's probably true you didn't do it"

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

257Prosecutor to be notified of defences

  1. The defences in sections 251 to 255 are available only if the defendant—

  2. prepares a written notice for the prosecutor that complies with subsection (2); and
    1. gives the notice to the prosecutor—
      1. at least 15 working days before the hearing date; or
        1. within another time that the court allows.

        2. The notice must—

        3. state the defendant's intention to rely on the defence; and
          1. include,—
            1. in the case of the defence in section 255(3), information about the identity of the person to whom the defendant consigned or delivered the food or an explanation as to why the defendant is unable to identify that person:
              1. in the case of the defence in section 251 or 252, notice in writing identifying the person or the nature of the accident or cause relied on by the defendant:
                1. in any other case, the facts or circumstances that support the defence.