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Food Act 2014

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

259: Evidence of requirement of this Act

You could also call this:

"Proof of food rules: what documents can be used in court"

Illustration for Food Act 2014

When you are in court for breaking a rule in the Food Act 2014, some documents can be used as evidence. These documents include something a food safety officer says is a rule from this Act. They also include a copy of the Gazette where the rule was announced, if it was announced.

If these documents are shown in court, they are enough to prove the rule exists, was announced, and what it says, unless someone can prove otherwise. You need to know that the Gazette is an official publication where new rules and laws are announced. This means that if someone shows these documents in court, it can be used as proof of the rule, unless you can show that it is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996379.

Topics:
Health and wellbeing > Food and water safetyCrime and justice > Courts and legal help
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Evidence

259Evidence of requirement of this Act

  1. This section applies to the production in evidence of the documents described in subsection (2) in a prosecution for an offence against this Act.

  2. The documents are—

  3. a document presented by a food safety officer purporting to be a requirement of this Act; and
    1. a copy of the Gazette in which the requirement was notified, if applicable.

      1. The production in evidence of the documents is sufficient evidence, in the absence of evidence to the contrary, of the existence, notification, and contents of the requirement.