Food Act 2014

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

341: Effect of appeal

You could also call this:

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

If you appeal an order, the order still applies until the court says otherwise. You can still be made to follow the order while you are waiting for the court to make a decision about your appeal. The court that is hearing your appeal can stop the order from applying if they want to.

If you are waiting for the court to hear your appeal, the order you are appealing can still be enforced. This means you still have to follow the order unless the court that made the order says you do not have to. The court that is hearing your appeal has the power to stop the order from applying while they are making their decision.

The court that is hearing your appeal can make a decision to stop the order from applying if you ask them to. They can do this while they are waiting to hear your appeal and make a final decision. You have to ask the court to make this decision, and they will decide whether or not to stop the order.

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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=DLM2996476.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

340: Appeals to Court of Appeal or Supreme Court, or

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

342: Rules of court, or

"Rules for how the court works with food safety orders"

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

341Effect of appeal

The operation of an order that is the subject of an appeal under section 339 or 340 is not suspended by the appeal unless the court appealed to makes an order to that effect under subsection (4).
The order that is the subject of the appeal may be enforced in the same manner in all respects as if no appeal were pending.
Subsections (1) and (2) apply unless the court making the order appealed from directs otherwise.
The court appealed to may, on application, make an order suspending the order that is the subject of the appeal, pending its determination of the appeal.