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Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Review of decisions

354: Application of sections 355 to 360

You could also call this:

"How to review decisions made about food under the Food Act 2014"

Illustration for Food Act 2014

When someone makes a decision about food, you can review it. This applies to decisions made by the chief executive or someone they give authority to. You can review decisions like refusing to register a food control plan or suspending a food business.

Some decisions you can review are about registering or refusing to register food control plans, food businesses, or importers. You can also review decisions about suspending or cancelling registrations. These decisions are made under different sections of the Food Act 2014, such as section 57, section 60, or section 62.

If a decision is made by a registration authority that is a relevant territorial authority, you can review it. This includes decisions about registering or refusing to register food control plans or food businesses, like under section 57 or section 87. You can review decisions about suspending or cancelling registrations, such as under section 62 or section 90.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996497.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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355: Application for review, or

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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Review of decisions

354Application of sections 355 to 360

  1. Sections 355(1), 356(1) and (2), 357, and 359 apply to decisions that—

  2. are described in subsection (2); and
    1. are made by—
      1. the chief executive; or
        1. a person acting under the delegated authority of the chief executive.

        2. The decisions are a decision to—

        3. refuse, under section 27, to include a person's winemaking operations under the person's registered food control plan or under a national programme; or
          1. refuse, under section 57, to register an amended food control plan; or
            1. refuse, under section 57, to register a food control plan; or
              1. impose or vary, under section 60, conditions on the registration of a food control plan, unless the variation is made on the application of the operator of the food control plan in accordance with the terms of that application; or
                1. refuse, in accordance with Part 2 of Schedule 4, to renew the registration of a food control plan; or
                  1. suspend, under section 62, all or any operations under a registered food control plan; or
                    1. extend, under section 63, the period of suspension of operations under a registered food control plan; or
                      1. cancel, under section 67, the registration of a food control plan; or
                        1. remove, under section 70, a food business from the coverage of a registered food control plan; or
                          1. refuse, in accordance with section 87, to register a food business that is subject to a national programme; or
                            1. refuse, in accordance with Part 2 of Schedule 4, to renew the registration of a food business that is subject to a national programme; or
                              1. impose or vary, under section 89, conditions on the registration of a food business that is subject to a national programme, unless the variation is made on the application of the operator of the food business in accordance with the terms of that application; or
                                1. suspend, under section 90, all or any operations of a registered food business that is subject to a national programme; or
                                  1. extend, under section 91, the period of suspension of operations of a registered food business that is subject to a national programme; or
                                    1. cancel, under section 95, the registration of a food business that is subject to a national programme; or
                                      1. refuse, under section 117, to register a person as an importer; or
                                        1. refuse, in accordance with Part 2 of Schedule 4, to renew the registration of an importer; or
                                          1. suspend, under section 122, all or any specified part of a registered importer's operations; or
                                            1. extend, under section 123, the period of suspension of a registered importer's operations; or
                                              1. cancel, under section 127, the registration of an importer; or
                                                1. refuse, under section 145, an application to recognise an agency under section 135, a person under section 139, or a class under section 141; or
                                                  1. exclude, under section 146, any members, or categories of members, from the recognition of a class under section 141(5); or
                                                    1. vary, under section 147, conditions of recognition, unless the variation is made on the application of the recognised agency, the recognised person, or a member of the recognised class in accordance with the terms of that application; or
                                                      1. suspend, under section 158, all or part of the recognition of an agency, a person, or a class; or
                                                        1. extend, under section 159, the period of suspension of the recognition of an agency, a person, or a class; or
                                                          1. withdraw, under section 162 or 163, all or part of the recognition of an agency, a person, or a class; or
                                                            1. conclude that a problem referred to in section 272(2) has not been remedied; or
                                                              1. suspend or cancel, under section 277, a person's appointment as a food safety officer; or
                                                                1. suspend or withdraw an approval under section 291.

                                                                  1. Sections 355(2) to (4), 356(1) and (3), 358, 359, and 360 apply to decisions that—

                                                                  2. are described in subsection (4); and
                                                                    1. are made by a registration authority that is a relevant territorial authority.

                                                                      1. The decisions are a decision to—

                                                                      2. refuse, under section 57, to register an amended food control plan; or
                                                                        1. refuse, under section 57, to register a food control plan; or
                                                                          1. impose or vary, under section 60, conditions on the registration of a food control plan, unless the variation is made on the application of the operator of the food control plan in accordance with the terms of that application; or
                                                                            1. refuse, in accordance with Part 2 of Schedule 4, to renew the registration of a food control plan; or
                                                                              1. suspend, under section 62, all or any operations under a registered food control plan; or
                                                                                1. extend, under section 63, the period of suspension of operations under a registered food control plan; or
                                                                                  1. cancel, under section 67, the registration of a food control plan; or
                                                                                    1. remove, under section 70, a food business from the coverage of a registered food control plan; or
                                                                                      1. refuse, in accordance with section 87, to register a food business that is subject to a national programme; or
                                                                                        1. refuse, in accordance with Part 2 of Schedule 4, to renew the registration of a food business that is subject to a national programme; or
                                                                                          1. impose or vary, under section 89, conditions on the registration of a food business that is subject to a national programme, unless the variation is made on the application of the operator of the food business in accordance with the terms of that application; or
                                                                                            1. suspend, under section 90, all or any operations of a registered food business that is subject to a national programme; or
                                                                                              1. extend, under section 91, the period of suspension of operations of a registered food business that is subject to a national programme; or
                                                                                                1. cancel, under section 95, the registration of a food business that is subject to a national programme.