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Food Act 2014

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

335: Interim compliance orders

You could also call this:

"Temporary orders to keep people safe before a final decision is made."

Illustration for Food Act 2014

The District Court can make an interim compliance order without serving you with a notice under section 332 or holding a hearing. You need to know the court thinks about whether people's lives or health are in danger if the order is not made. The court also thinks about whether the truth of a statement made under section 290 will be affected if the order is not made.

The court must tell someone to give a copy of the interim compliance order to the person it is made against. The order starts when it is served or on a date stated in the order. The order stays in force until the court decides about the application for a compliance order or the interim order is cancelled under section 337.

The court considers many things when making an interim compliance order, including whether they should hear from the person applying for the order or the person the order is against. The court also thinks about any other important matters. The interim compliance order is an important decision made by the court to keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996470.

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"The court decides whether to approve or reject your application for a compliance order."

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336: Form and content of interim compliance order or compliance order, or

"What to expect in a food safety order: what it must say and what you can do"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Compliance orders

335Interim compliance orders

  1. The District Court may make an interim compliance order without—

  2. requiring service under section 332; or
    1. holding a hearing.

      1. The court must consider—

      2. whether human life or public health is likely to be endangered through the sale of the food or food-related accessory concerned if the order is not made; and
        1. whether the integrity of a statement made under section 290 is likely to be prejudiced if the order is not made; and
          1. whether the court should hear the applicant or any person against whom the order is sought; and
            1. any other matters that the court considers appropriate.

              1. The court must direct the applicant or another person to serve a copy of the interim compliance order on the person or persons against whom the order is made.

              2. The interim compliance order—

              3. takes effect when the later of the following occurs:
                1. the order is served; or
                  1. a date stated in the order is reached; and
                  2. remains in force until the earlier of the following occurs:
                    1. the application for a compliance order is determined; or
                      1. the interim order is cancelled under section 337.

                      Notes
                      • Section 335(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).