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Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Protection from civil and criminal liability

351: Protection from civil and criminal liability

You could also call this:

"Protection from being sued or charged with a crime when doing your job under the Food Act 2014"

Illustration for Food Act 2014

If you work for the Ministry or a territorial authority, or you are a food safety officer, you are protected from being sued or charged with a crime. This protection applies when you do something or don't do something as required by the Food Act 2014, as long as you act in good faith and with reasonable cause. You can also be protected if you are appointed to carry out a review under section 355.

When you are performing your duties or using your powers under the Food Act 2014, you are protected if you act honestly and have a good reason for what you do. This protection also applies to people who work for recognised agencies or are recognised persons.

You should note that if you are a member, employee, or agent of a territorial authority, the authority itself is not protected from being sued or charged with a crime for your actions. You can find more information about this in section 6 of the Crown Proceedings Act 1950.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996493.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Protection from civil and criminal liability

351Protection from civil and criminal liability

  1. This section applies to the following persons:

  2. the chief executive:
    1. an employee or agent of the Ministry:
      1. a member, an employee, or an agent of a territorial authority:
        1. an employee or agent of a recognised agency:
          1. a recognised person employed or engaged by a recognised agency:
            1. an employee or agent of a recognised person:
              1. a food safety officer:
                1. a person appointed to carry out a review under section 355.

                  1. The person is protected from civil and criminal liability, however it may arise, for any act that the person does or omits to do—

                  2. under a requirement of this Act; or
                    1. in the performance or purported performance of the person’s functions or duties, or the exercise or purported exercise of the person's powers, under a requirement of this Act—
                      1. in good faith; and
                        1. with reasonable cause; or
                        2. in the performance or purported performance of the person’s functions or duties, or the exercise or purported exercise of the person's powers, under this Act—
                          1. in good faith; and
                            1. with reasonable cause.

                            2. See also section 6 of the Crown Proceedings Act 1950.

                            3. A territorial authority has no immunity under subsection (2) for the actions or omissions of any member, employee, or agent of the territorial authority.