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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Compliance orders

330: Meaning of compliance order

You could also call this:

"What a compliance order is: a court order to fix or stop something that breaks food safety rules"

Illustration for Food Act 2014

In the Food Act 2014, a compliance order is an order made by the District Court about something that breaks or might break a rule in the Act. The Court can make this order if it thinks someone is doing something wrong. You can read more about compliance orders in sections 331 to 342 and how they can be confirmed or changed under section 337. The Court can tell you to stop doing something you are doing or something you are having someone else do. The Court can also tell you to do something to fix a problem that you caused or might cause, or to stop something that is happening or might happen. If you do not follow a compliance order, the Court can tell you to pay for the costs of fixing the problem you caused, like the costs of investigation or actions to fix the problem.

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Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Compliance orders

330Meaning of compliance order

  1. In sections 331 to 342, compliance order—

  2. means an order made by the District Court under this section about anything that, in the court’s opinion, breaches or is likely to breach a requirement of this Act; and
    1. to avoid doubt, includes an order that has been confirmed or changed under section 337.

      1. The order may prohibit a person from starting anything that the person—

      2. intends to do; or
        1. intends to have done by another person.

          1. The order may require a person to stop anything that the person—

          2. is doing; or
            1. is having done by another person.

              1. The order may require a person to do something to avoid, remedy, or mitigate any actual or likely adverse effect of anything that the person—

              2. is doing; or
                1. intends to do; or
                  1. is having done by another person; or
                    1. intends to have done by another person.

                      1. The order may require a person to meet the actual and reasonable costs and expenses that the Crown or a territorial authority has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect of the person’s failure to comply with a compliance order made against the person earlier.

                      2. For the purposes of subsection (5), actual and reasonable costs and expenses include—

                      3. the costs of investigation, supervision, and monitoring; and
                        1. the costs of actions required to avoid, remedy, or mitigate the adverse effect.

                          Notes
                          • Section 330(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).