Food Act 2014

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

293: Require production of information if reasonable belief that requirement of this Act has been breached

You could also call this:

"The chief executive can ask you for information if they think you've broken a food safety rule."

If the chief executive thinks someone has broken a rule in the Food Act 2014, they can ask that person for information. You might have food, things used to make food, or ads about food that the chief executive wants to know about. The chief executive can ask you to give them information about where the food came from, how it was made, and how it was sold.

The chief executive can also ask to copy the information you give them. They can do this themselves or ask a food safety officer to do it. If they make a copy, they will certify that it is a true and correct copy, and it will be assumed to be correct unless someone proves otherwise.

If something has been taken away from you under the Food Act 2014 or another law, it is still considered to be in your possession. The chief executive must follow the rules about privacy and confidentiality, which are outlined in the Search and Surveillance Act 2012, when asking for information or copying it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996425.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

292A: Chief executive may require information to determine safety of food, or

"The boss of food safety can ask for information to make sure food is safe to eat."

294: Rights of access and related powers and duties of verifiers and verification agencies, or

"Letting food safety checkers into your workplace to ensure you're following the rules"

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

293Require production of information if reasonable belief that requirement of this Act has been breached

This section applies if the chief executive reasonably believes that, in breach of a requirement of this Act, a person is in possession of—
any food for sale; or
any substance, appliance, or food-related accessory used in producing or processing and handling food for sale; or
any advertisements or labels about food for sale.

The chief executive may—
require the person to produce any information about the importation, purchase, reception, manufacture, processing and handling, preparation, packing, storage, transport, delivery, or sale of the food, substance, appliance, or food-related accessory to the chief executive or a food safety officer; and
copy the information or require a food safety officer to copy the information.

A copy made under subsection (2), certified by the chief executive or the food safety officer as a true and correct copy, is presumed to be a true and correct copy until the contrary is proved.
For the purposes of this section, any thing that has been seized or detained, whether under this Act or any other enactment, must be treated as being in the possession of the person who had it in his or her possession when it was seized or ordered to be detained.
Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to requirements made, and the copying of information, under this section.