Food Act 2014

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

340: Appeals to Court of Appeal or Supreme Court

You could also call this:

"You can appeal to a higher court if you disagree with a food safety decision."

If you are involved in an appeal about a compliance order under the Food Act 2014, you can appeal to the Court of Appeal or the Supreme Court. You can do this if the High Court has made a decision on a question of law that you do not agree with, but you need to get permission from the court first. The Court of Appeal or the Supreme Court will have the same power to make a decision on your appeal as the High Court did.

When you appeal to the Supreme Court, there are special rules that apply, which are outlined in section 75 of the Senior Courts Act 2016. The Supreme Court will only hear your appeal directly if there are exceptional circumstances.

The Court of Appeal or the Supreme Court will make a decision on your appeal, and they have the same power as the High Court to do so.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996475.

Topics:

Health and wellbeing > Food and water safetyCrime and justice > Courts and legal help

339: Appeals to High Court, or

"Challenging a District Court decision in the High Court"

341: Effect of appeal, or

"What happens when you appeal a decision: the order still applies unless the court changes it"

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

340Appeals to Court of Appeal or Supreme Court

A party to an appeal under section 339 may appeal to the Court of Appeal or the Supreme Court against any determination of the High Court on a question of law arising in that appeal, with the leave of the court appealed to.
The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had.
Subsection (1) is subject to section 75 of the Senior Courts Act 2016 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

Notes

Section 340(3): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).