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Food Act 2014

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

275: Fines or amounts to be paid to prosecuting territorial authority

You could also call this:

"Paying fines to the council when you break food safety rules"

Illustration for Food Act 2014

When you break the Food Act 2014 rules, you might have to pay a fine. The court decides if you have to pay a fine to the territorial authority that took you to court. You pay the fine to the territorial authority.

The court orders you to pay the fine to the territorial authority. Ten percent of the fine goes to a special Crown Bank Account chosen by the Minister of Finance. This account is used for the purposes of this section.

If you have to pay back money for loss or damage, and this money is part of the fine, the ten percent deduction does not apply to that money. The court's order to pay the fine to the territorial authority is enough for the Registrar to follow. The Registrar pays ten percent of the fine to the Crown and the rest to the territorial authority that is owed the money.

The rules about paying money to the Crown in the Public Finance Act 1989 do not apply to fines paid to territorial authorities under this section. This means that the usual rules about Crown money do not apply in this case. You still have to pay the fine to the territorial authority as ordered by the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996399.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesGovernment and voting > Local councils
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Sentencing

275Fines or amounts to be paid to prosecuting territorial authority

  1. This section applies—

  2. when a court imposes or is deemed to have imposed a fine as a result of non-payment of an infringement fee to a territorial authority:
    1. when a court imposes a fine on a person for an offence against this Act prosecuted by a territorial authority:
      1. when a court orders the payment of an amount under section 269 for an offence prosecuted by a territorial authority.

        1. The court must order the payment of the fine or amount to the territorial authority.

        2. Ten percent of the fine or amount must be credited to a Crown Bank Account nominated by the Minister of Finance for the purposes of this section.

        3. If any money awarded by a court in respect of loss or damage is recovered as a fine, and that fine is ordered to be paid to a territorial authority under subsection (2), no deduction is to be made under subsection (3) in respect of that money.

        4. The court’s order under subsection (2) is sufficient authority for the Registrar receiving the fine or amount to—

        5. pay 10% of it to the Crown; and
          1. pay the balance to the territorial authority entitled to it.

            1. Section 73 of the Public Finance Act 1989 does not apply to a fine or an amount that a court orders to be paid to a territorial authority under this section.