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Food Act 2014

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

357: Procedure for review of decision by chief executive or chief executive's delegate

You could also call this:

"How to appeal a decision made by someone in charge of food safety"

Illustration for Food Act 2014

If you want to review a decision made by the chief executive or their delegate, it will be looked at by someone else. This person is chosen by the Minister if the decision was made by the chief executive. If the decision was made by someone acting for the chief executive, the reviewer will be someone who was not involved in making the decision, or it could be the chief executive.

The reviewer has to look at the decision within 40 working days of being appointed or designated. They might ask you for more information, and you will have to give it to them within a certain time. The time it takes for you to give this information does not count towards the 40 working days.

The reviewer will let you and the chief executive know when you can give your thoughts on the review. They will think about what you and the chief executive say before making a decision. The review is like a new hearing, and the reviewer can agree with the original decision, change it, or turn it around completely.

When the reviewer makes a decision, they will tell you what it is and why they made it. They have to do this as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996500.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Review of decisions

357Procedure for review of decision by chief executive or chief executive's delegate

  1. The reviewer of a decision described in section 354(2) must be,—

  2. for a decision made by the chief executive, a person appointed by the Minister for the purpose under subsection (2):
    1. for a decision made by a person acting under the delegated authority of the chief executive,—
      1. a person who was not involved in making the decision and who is designated by the chief executive; or
        1. the chief executive.

        2. The Minister may appoint the person referred to in subsection (1)(a) on any terms and conditions that the Minister considers appropriate (including conditions as to the payment of fees).

        3. The reviewer must review the decision within—

        4. 40 working days of the appointment referred to in subsection (1)(a), if that paragraph applies; or
          1. 40 working days of the designation referred to in subsection (1)(b)(i), if that subparagraph applies; or
            1. 40 working days of the date on which the chief executive receives the application, if subsection (1)(b)(ii) applies; or
              1. a shorter period specified in writing by the reviewer to the applicant.

                1. The reviewer may give the applicant a notice in writing requiring the applicant to supply information additional to that contained in the application within a time specified by the reviewer.

                2. The time limits specified in subsection (3) do not include—

                3. the time the applicant takes to supply information under subsection (4); or
                  1. the time allowed for the applicant to supply the information, if the applicant does not supply it.

                    1. The reviewer must—

                    2. give the applicant and the chief executive (or the person who made the decision under delegated authority) a notice in writing of the time within which submissions on the review may be made; and
                      1. consider any submissions by the applicant and the chief executive (or his or her delegate).

                        1. The review is by way of a rehearing.

                        2. The reviewer may confirm, modify, or reverse all or some of the decision.

                        3. The reviewer must, as soon as practicable, give the applicant a notice in writing of—

                        4. the decision on the review; and
                          1. the reasons for the decision on the review.