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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

318: District Court may order return of seized food or food-related accessory

You could also call this:

"The District Court can order seized food to be returned to you if you apply and they agree."

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If you apply to the District Court under section 317, the court can make some decisions. The court can order that seized food or food-related accessories be returned to you within a certain time. The court can also end the detention of the food or food-related accessories and return them to you.

The court can choose to refuse your application. It will not order the return of the food or food-related accessories if it thinks they might be used to commit a crime. The court also will not return them if they are needed for an investigation or court case, or if they might be taken away from you permanently.

The court can add conditions to its order to return the food or food-related accessories. If the court makes an order, it is final and everyone must follow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996451.

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

318District Court may order return of seized food or food-related accessory

  1. This section applies when a person applies to the District Court under section 317.

  2. The court may order that—

  3. the seizure of the food or food-related accessory be disallowed as to all the food or food-related accessory or a part of it and that the food or food-related accessory, or part of it, be returned or made available to the person within the time specified in the order; or
    1. the detention of the food or food-related accessory be ended as to all the food or food-related accessory or a part of it and that the food or food-related accessory, or part of it, be returned or made available to the person within the time specified in the order.

      1. Alternatively, the court may refuse the application.

      2. The court must not make an order under subsection (2) if the court considers that—

      3. the use to which the food or food-related accessory, or the part of it, is intended to be put is likely to involve the commission of an offence; or
        1. the continued detention of the food or food-related accessory, or the part of it, is expedient for the purposes of an investigation or proceedings pending under this Act; or
          1. that the food or food-related accessory may be liable to forfeiture.

            1. The court may impose conditions on an order it makes under subsection (2).

            2. An order under subsection (2) is final and binding on all parties.

            Notes
            • Section 318(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).