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Food Act 2014

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

261: Evidence of testing

You could also call this:

"Proving food is safe through test results"

Illustration for Food Act 2014

When you are talking about food, you might need to show evidence of testing. This evidence can come from tests done under the Food Act 2014 or other laws like the Agricultural Compounds and Veterinary Medicines Act 1997, Animal Products Act 1999, Biosecurity Act 1993, Customs and Excise Act 2018, Fisheries Act 1996, Hazardous Substances and New Organisms Act 1996, Health Act 1956, or Wine Act 2003. You can show this evidence with a certificate from someone who works for a recognised agency.

You can get a certificate from someone who works for a recognised agency, a recognised person, or an approved laboratory. The court can also accept other types of evidence. If you are in court for a food-related offence, the evidence of testing cannot be thrown out just because the rules for taking or testing the sample were not followed exactly.

However, the evidence can be thrown out if the prosecutor does not follow the rules for serving the certificate to the defendant. The prosecutor must give the defendant a copy of the certificate at least 20 working days before the court hearing. The court can also throw out the evidence if it thinks there is a reasonable doubt about the accuracy of the information in the certificate.

The court will look at whether there is a reasonable doubt about the accuracy of the information or the validity of the certificate. This means the court will check if the information in the certificate is correct and if the certificate is valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996381.

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

261Evidence of testing

  1. This section applies to evidence of a test under this Act or the Agricultural Compounds and Veterinary Medicines Act 1997, Animal Products Act 1999, Biosecurity Act 1993, Customs and Excise Act 2018, Fisheries Act 1996, Hazardous Substances and New Organisms Act 1996, Health Act 1956, or Wine Act 2003.

  2. The evidence may be produced by way of—

  3. a certificate given by an employee of a recognised agency; or
    1. a certificate given by a recognised person; or
      1. a certificate given by an employee of a recognised person; or
        1. a certificate given by an employee of an approved laboratory; or
          1. some other means acceptable to the court.

            1. When produced in a prosecution for an offence against this Act, the evidence must not be ruled inadmissible or disregarded only because compliance with the relevant Act's requirements on the taking or testing of a sample of food or of an example of a food-related accessory has been reasonable instead of strict.

            2. However, the evidence is inadmissible if—

            3. the prosecutor (or a person authorised by the prosecutor) does not—
              1. serve a copy of the certificate or summary of that evidence on the defendant or the defendant's agent or lawyer at least 20 working days before the hearing at which the certificate or evidence is to be tendered; and
                1. at the same time inform the person served, in writing, that the prosecutor does not propose to call the person who signed the certificate or summary as a witness at the hearing; or
                2. not less than 5 working days before the hearing (or any lesser period that the court in the special circumstances of the case thinks fit) and on the application of the defendant made within 10 working days after receipt of the certificate or summary, the court orders that the certificate or evidence is inadmissible as evidence in the proceedings.

                  1. The court must not make an order under subsection (4) unless it is satisfied that there is reasonable doubt as to—

                  2. the accuracy of the information contained or referred to in the certificate or summary of evidence; or
                    1. the validity of the certificate or summary of evidence.

                      Notes
                      • Section 261(1): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).