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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Powers and duties of food safety officers

317: Application to District Court for return of seized food or food-related accessory

You could also call this:

"Getting back food or items taken by authorities: how to ask the District Court for help"

Illustration for Food Act 2014

If you think you own some food or a food-related accessory that has been taken by authorities, you can apply to the District Court for help. You can ask the court to make an order, which is explained in section 318. When you make this application, it must be done in a specific way: it must be made within 5 working days of the food or accessory being taken, and you must give a copy to the other party involved.

You must file your application at the court office that is closest to where the food or accessory was taken. The court will follow its usual rules, which are outlined in the District Court Act 2016, to deal with your application.

The court will look at your application and make a decision based on the information you provide and the rules that apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996450.

Topics:
Health and wellbeing > Food and water safetyCrime and justice > Courts and legal help
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"The District Court can order seized food to be returned to you if you apply and they agree."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Powers and duties of food safety officers

317Application to District Court for return of seized food or food-related accessory

  1. This section applies when a person claims an interest in food or a food-related accessory that has been seized and detained.

  2. The person may apply to the District Court for an order described in section 318.

  3. The application must—

  4. be made as an originating application; and
    1. be made within 5 working days of the seizure and detention; and
      1. be served on the respondent on or before the date on which it is filed in the court; and
        1. be filed in the office of the court nearest to the place where the food or food-related accessory was seized and detained; and
          1. be dealt with as an originating application; and
            1. be dealt with under the rules of procedure under the District Court Act 2016, as modified by paragraphs (a) to (e).

              Notes
              • Section 317(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 317(3)(f): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).