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Food Act 2014

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

338: Compliance with interim compliance order or compliance order

You could also call this:

"Following rules made by authorities to keep food safe"

Illustration for Food Act 2014

If someone makes an interim compliance order or a compliance order against you, you must follow the order. You also have to pay the costs of following the order, unless the order says you do not have to. You have to pay any amount the order says you must pay, and if you do not, it can be recovered like a fine. If you do not follow the order, the chief executive or the territorial authority can do what the order says on your behalf, but only if the court agrees.

The chief executive or territorial authority can use the powers of a food safety officer to make you follow the order. They can also ask you to pay back the costs of making you follow the order, and if you do not pay, they can recover the debt from you. This means you will have to pay the costs, and it will be like paying a debt that you owe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996473.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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337: Change or cancellation of interim compliance order or compliance order, or

"Changing or cancelling a food safety order that affects you"

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"Challenging a District Court decision in the High Court"

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

338Compliance with interim compliance order or compliance order

  1. A person against whom an interim compliance order or a compliance order is made and served must—

  2. comply with the order; and
    1. pay all the costs and expenses of complying with the order, unless the order states otherwise.

      1. An amount payable under an order is recoverable in the same manner as a fine.

      2. If the person fails to comply with the order, the chief executive or, as the case may be, the territorial authority concerned, may, with the consent of the court, comply with the order on the person’s behalf.

      3. For the purposes of subsection (3), the chief executive or relevant territorial authority may—

      4. exercise, or direct the exercise of, any of the powers of a food safety officer; and
        1. recover the costs and expenses reasonably incurred in complying with the order as a debt due from the person against whom the order was made.