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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Directions by chief executive

287: Supplementary provisions about directions under sections 281 to 286

You could also call this:

"Following the boss's food safety instructions"

Illustration for Food Act 2014

When the chief executive gives you a direction under sections 281 to 286 of the Food Act 2014, you must follow it. The direction applies to you and anyone who takes over from you. You can find more information about these sections in the sections 281 to 286 of the Act.

The chief executive's direction must be fair and reasonable. It will tell you if you need to inform the chief executive about how you plan to follow the direction, keep records, or let them know how you are progressing.

The direction will also warn you that if you do not follow it, you can get in trouble with the law, and the chief executive may step in to make sure the direction is followed. If the chief executive has to do this, you may have to pay for the costs. The direction must be in writing, or if it is given orally, it must be confirmed in writing as soon as possible.

The direction stays in place until it expires or the chief executive cancels it. The chief executive can change or cancel the direction at any time, or extend it if necessary. If you do not follow the direction, the chief executive can take action and you may have to pay the costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996416.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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288: Service of directions under sections 281 to 286, or

"How the government tells you to follow food safety rules"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Directions by chief executive

287Supplementary provisions about directions under sections 281 to 286

  1. This section applies to a direction given by the chief executive under any of sections 281 to 286.

  2. The direction is binding on—

  3. the person to whom it is addressed; and
    1. if applicable, the personal representatives, successors, and assignees of the person to whom it is addressed to the same extent as it applies to that person.

      1. The direction must be appropriate and reasonable.

      2. The direction must state whether the person to whom it is given must—

      3. advise the chief executive of the details of the manner in which the person proposes to comply with the direction; and
        1. keep information about the matters that are the subject of the direction; and
          1. regularly notify the chief executive about the steps being taken towards compliance with the direction; and
            1. give written notice to the chief executive when the person has complied with the direction.

              1. The direction must state that—

              2. it is an offence against this Act to fail to comply with the direction; and
                1. if the person to whom the direction is given fails to comply with it, the chief executive may carry out the direction; and
                  1. if the chief executive carries out the direction, the chief executive may recover the costs reasonably incurred in carrying out the direction from the person to whom the direction was given.

                    1. The direction must—

                    2. be in writing; or
                      1. be confirmed in writing as soon as practicable after being given orally.

                        1. The direction continues in force until the earlier of the following occurs:

                        2. the expiry date (if any) stated in the direction is reached; or
                          1. the chief executive revokes the direction.

                            1. The direction may—

                            2. be amended or revoked at any time; and
                              1. be extended or renewed, if the chief executive is satisfied that the circumstances warrant it.

                                1. If a person to whom the direction is given fails or refuses to comply with it, the chief executive may—

                                2. carry out the direction; and
                                  1. recover the costs and expenses reasonably incurred in carrying out the direction as a debt due from the person to whom the direction was given.