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Food Act 2014

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

355: Application for review

You could also call this:

"Asking someone to rethink a decision you don't like"

Illustration for Food Act 2014

If you are unhappy with a decision mentioned in section 354(2), you can ask for it to be reviewed. You can also ask for a review of a decision mentioned in section 354(4) if you have already asked the relevant territorial authority to think about it again and they have either taken too long or you are still unhappy with the decision after they have thought about it again.

If you want the territorial authority to think about their decision again, you must ask them within 20 working days of being told about the decision, or within a longer time that they agree to. The territorial authority then has 20 working days to think about their decision again after you ask them to.

You can apply to have a decision reviewed after the territorial authority has thought about it again, if you are still unhappy with the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996498.

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"How to ask for a review of a decision you don't agree with"

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

355Application for review

  1. A person dissatisfied with a decision described in section 354(2) may apply to have it reviewed.

  2. A person dissatisfied with a decision described in section 354(4) may apply to have it reviewed if—

  3. the person has first requested the relevant territorial authority, under subsection (3), to reconsider the decision of which a review is sought; and
    1. either 1 of the following applies:
      1. the relevant territorial authority has failed to complete the reconsideration of the decision within the time specified in subsection (4); or
        1. the relevant territorial authority has completed the reconsideration of the decision within that time, but the applicant continues to be dissatisfied with the decision after the reconsideration.

        2. A request for the reconsideration of a decision described in section 354(4) must be made to the relevant territorial authority within—

        3. 20 working days after the date on which notice of the decision was given to the person; or
          1. any longer period that the relevant territorial authority allows on the request of the person.

            1. On receiving a request referred to in subsection (3), the relevant territorial authority has 20 working days to reconsider the decision.