Plain language law

New Zealand law explained for everyone

Food Act 2014

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

378: Notification to other persons

You could also call this:

"Telling others about food safety issues in writing"

Illustration for Food Act 2014

When you need to tell someone about something under the Food Act 2014, this section applies if the person is not a Minister, chief executive, or a food safety officer. You have to tell them in writing. The notice must be sent to the person's address that they gave under this Act, or their last known address if they did not give one. If you send the notice by post or electronically, it is treated as received within five working days, unless the person can prove they did not get it and it was not their fault.

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 It might be out of date or be missing some parts.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=DLM2996516.

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

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

"Telling helpers about the Food Act 2014 rules"

Next

379: Consultation: Minister’s powers, or

"The Minister must listen to people before making big decisions about food."

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

378Notification to other persons

  1. This section applies when—

  2. this Act requires a person to be notified of information; and
    1. the person 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. the person is not an official with functions, duties, or powers that assist in the administration of this Act.

        1. The person must be notified of the information by a notice in writing.

        2. The address at which the notice must be given is—

        3. the person’s physical or electronic address notified under this Act, in the case of an operator of a registered food control plan, an operator subject to a national programme, a registered importer, or a person that makes an application under section 113; or
          1. the person’s last known physical or electronic business or residential address, in any other case.

            1. A notice given to a person by post or by an electronic means is treated as having been received by the person not later than 5 working days after the date on which it was posted or sent, unless the person proves that—

            2. the person did not receive it; and
              1. the non-receipt was not the person’s fault.

                1. Subsection (4) does not apply if,—

                2. in the case of a notice given by post, the notice was returned unopened to the sender:
                  1. in the case of a notice given by electronic means, the electronic system for processing the electronic communication has sent to the sender an automatic message to the effect that the notice has not been received by the recipient.

                    1. If a lawyer or other agent of a person represents that he or she is authorised to accept a notice on behalf of the person, the person is treated as having been notified if—

                    2. the notice is delivered to the lawyer or other agent; and
                      1. the lawyer or agent signs a statement that he or she accepts the notice on the person’s behalf.

                        1. In this section, official means any person in the service of the Sovereign in right of New Zealand (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body.

                        Notes
                        • Section 378(7): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).