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Food Act 2014

Miscellaneous provisions - Information and consultation requirements - Notifying persons of information

377: Notification to other persons who assist in administration of Act

You could also call this:

"Telling helpers about the Food Act 2014 rules"

When you are involved in helping with the Food Act 2014, you need to know about notifying people. This applies to certain offices like the chief executive, a territorial authority, and a recognised agency. They have to notify people who help with the administration of the Act, but are not the Minister or a food safety officer.

If you are one of these people, the office can notify you directly or through your employer. If they notify you directly, they must also tell your employer within a certain time frame, usually 10 working days. If they notify your employer, they must make sure the information is clear and your employer must pass it on to you as soon as possible.

Your employer includes the people you work for, like a company or a director. If the office notifies your employer, you are considered to have received the information after a certain time, usually 5 working days. However, if you or your employer says you received it earlier, that date is used instead. You should also know that section 168 has priority over this rule if you are part of a recognised class.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996515.

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Health and wellbeing > Food and water safetyGovernment and voting > Government departmentsBusiness > Industry rules
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376: Notification to Minister, chief executive, territorial authority, or food safety officer, or

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Part 5Miscellaneous provisions
Information and consultation requirements: Notifying persons of information

377Notification to other persons who assist in administration of Act

  1. This section applies to the following offices:

  2. the chief executive; and
    1. a territorial authority; and
      1. a recognised agency.

        1. This section applies when an office wishes to notify information to a person who—

        2. is not the Minister, the chief executive, a registration authority that is the chief executive, a territorial authority, a registration authority that is a territorial authority, or a food safety officer; and
          1. has functions, duties, or powers that assist in the administration of this Act.

            1. However, section 168 overrides this section if the person is a member of a recognised class.

            2. The office may notify the information—

            3. to the person directly; or
              1. to the person’s employer.

                1. If the office notifies the information to the person directly, it must also notify the information to the person’s employer—

                2. within 10 working days after it has notified the person; or
                  1. within a period that is shorter or longer than 10 working days and that the office and the employer have agreed on or the office has told the employer about.

                    1. If the office notifies the information to the person’s employer,—

                    2. the office must ensure that the information clearly identifies the person, or class of person, for whom the information is intended; and
                      1. the employer must tell the person, or all the persons in the class, about the content of the information as soon as is reasonably practicable having regard to the content; and
                        1. the person is treated as having received the information on the earliest of the following:
                          1. the date that is 5 working days after the date on which the information was notified to the employer:
                            1. the date (if any) proved by the office as being the date on which the information was received by the person:
                              1. the date (if any) that the person or the employer acknowledges as being the date on which the information was received by the person.

                              2. For the purposes of this section, an employer includes—

                              3. a director, partner, secretary, or other officer or official of a company or other body of which a person is an employee; and
                                1. a company or other body with whom a person has a contract for services to perform the person’s functions or duties, or to exercise the person's powers, under this Act.