Plain language law

New Zealand law explained for everyone

Food Act 2014

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

358: Procedure for review of decision by relevant territorial authority

You could also call this:

"How to appeal a decision about your food business"

Illustration for Food Act 2014

If you want to review a decision made about your food business, you need to follow a process. The person who reviews the decision must be the chief executive or an employee of the Ministry who was not involved in the original decision. They will be chosen by the chief executive.

You will need to apply for the review and the chief executive will receive your application. The reviewer must make a decision within 40 working days of the chief executive getting your application. However, the chief executive can decide on a shorter time frame.

The reviewer might ask you for more information to help them make a decision. They will let you know how long you have to give them the information. The time it takes for you to give the information does not count towards the 40 working days.

The reviewer will let you and the relevant territorial authority know when you can make submissions about the review. They will think about what you and the authority say before making a decision. The review is like a new hearing, where the reviewer looks at everything again.

The reviewer can decide to keep the original decision, change it, or turn it around completely. They will tell you their decision and why they made it as soon as they can. However, the reviewer might not consider your application if you did not first ask the relevant territorial authority to reconsider their decision, as stated in section 355(3). The reviewer will also consider if the authority took too long to reconsider the decision, as stated in section 355(4), or if you were still not happy with the decision after they reconsidered it. The original decision is described in section 354(4).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996501.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
Previous

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

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

Next

359: Effect of review, or

"What happens to the original decision when it's reviewed"

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

358Procedure for review of decision by relevant territorial authority

  1. The reviewer of a decision described in section 354(4) must be—

  2. the chief executive; or
    1. an employee of the Ministry who was not involved in the decision being made and who is designated by the chief executive.

      1. The reviewer must review the decision within—

      2. 40 working days of the date on which the chief executive receives the application; or
        1. a shorter period specified in writing by the chief executive to the applicant.

          1. In specifying the period referred to in subsection (2)(b), the chief executive must take into account the effect of the original decision on the applicant's food business.

          2. 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.

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

          4. 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 relevant territorial 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 relevant territorial authority.

                  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.

                      1. Despite anything in this section, the reviewer may refuse to process the application if the reviewer is not satisfied that—

                      2. the applicant had first requested the relevant territorial authority, under section 355(3), to reconsider the decision of which a review is sought; and
                        1. either 1 of the following applies:
                          1. the relevant territorial authority had failed to complete the reconsideration of the decision within the time specified in section 355(4); or
                            1. the relevant territorial authority had completed the reconsideration of the decision within that time, but the applicant continued to be dissatisfied with the decision after the reconsideration.