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Food Act 2014

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

274: Sentencing criteria

You could also call this:

"How a Judge decides a punishment for breaking food safety rules"

Illustration for Food Act 2014

When a Judge is deciding how to sentence someone who has been found guilty of breaking a rule in the Food Act 2014, they have to follow the Sentencing Act 2002. The Judge also has to think about the different orders they can make, as outlined in sections 269 to 273. You can find out more about these orders by looking at sections 269 to 273.

The Judge has to consider some important things when deciding how to sentence the person, such as how likely it was that someone would get hurt because of what the person did, and how many people might have been hurt. They also have to think about how serious the hurt could have been, and whether it could have affected trade, including trade with other countries.

The Judge can still use the Sentencing Act 2002 and think about other important factors, even if they are considering the things mentioned above. When the law talks about "harm", it means someone getting ill or injured, or both. The Judge has to follow the Sentencing Act 2002, which you can find on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996397.

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

274Sentencing criteria

  1. This section applies when a Judge is determining how to sentence or otherwise deal with a person convicted of an offence against this Act.

  2. The Judge must apply the Sentencing Act 2002.

  3. In addition, the Judge must have regard to the orders available under sections 269 to 273.

  4. In determining how to sentence or otherwise deal with the person, the Judge must take the following matters into account to the extent that they are relevant:

  5. how likely it was that a person would be harmed by the conduct constituting the offence:
    1. how many people were likely to be harmed by the conduct constituting the offence:
      1. how serious the harm was that was likely to be done by the conduct constituting the offence:
        1. whether there were potential or actual implications for trade, including international trade.

          1. Subsection (4) does not limit the Sentencing Act 2002. Nor does it prevent the Judge from taking into account any other relevant factors.

          2. In subsection (4), harm means illness or injury, or both.