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Food Act 2014

Miscellaneous provisions - Information and consultation requirements - Consultation

379: Consultation: Minister’s powers

You could also call this:

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

Illustration for Food Act 2014

The Minister has some special powers to make decisions about food. You can find these powers in sections like section 22, section 32, and section 43. Before the Minister uses these powers, the chief executive must talk to people who will be affected by the decision.

The chief executive must tell people about the proposal, and give them a chance to have a say. They must also think about what people say before making a decision. The chief executive then tells the Minister what people said.

The Minister must make sure the chief executive has talked to people properly, and think about what they said. But sometimes the Minister might need to make a decision quickly, without talking to people first. If this happens, the decision will only last for 12 months.

If the Minister or chief executive does not follow the rules, it does not mean the decision is not valid. There is one exception: if the Minister issues an emergency notice under section 410, they do not have to follow these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996518.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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Part 5Miscellaneous provisions
Information and consultation requirements: Consultation

379Consultation: Minister’s powers

  1. This section applies to—

  2. the Minister's power under section 22 (power to amend Schedules 1 to 3 by Order in Council) to recommend the making of regulations:
    1. the Minister’s power under section 32 (regulations about exemption not applying) to recommend the making of regulations:
      1. the Minister's power under section 43 (regulations about food control plans) to recommend the making of regulations:
        1. the Minister’s power under section 76 (regulations about national programmes) to recommend the making of regulations:
          1. the Minister’s power under section 103 (regulations about monitoring programmes) to recommend the making of regulations:
            1. the Minister's power under section 175 (Minister may issue national outcomes for territorial authorities) to issue, amend, or revoke national outcomes:
              1. the Minister's power under section 202 (three-yearly review of cost recovery) to review cost recovery:
                1. the Minister's power under section 204 (regulations may impose fees and charges) to recommend the making of regulations:
                  1. the Minister's power under section 206 (regulations may prescribe methodology or framework for fee fixing) to recommend the making of regulations:
                    1. the Minister's power under section 207 (regulations may impose levies) to recommend the making of regulations:
                      1. the Minister's power under section 208 (regulations may provide for exemptions, waivers, and refunds) to recommend the making of regulations:
                        1. the Minister’s power under section 344 (when Minister may recommend exemption under section 343) to recommend the making of regulations:
                          1. the Minister’s power under section 346 (when Minister may recommend exemption under section 345) to recommend the making of regulations:
                            1. the Minister's power under section 383 (regulations about standards in relation to food) to recommend the making of regulations:
                              1. the Minister's power under section 384 (regulations about risk-based measures and related matters) to recommend the making of regulations:
                                1. the Minister's power under section 385 (regulations about grading schemes) to recommend the making of regulations:
                                  1. the Minister's power under section 386 (regulations about approved documents, materials, or facilities, or persons or classes of persons) to recommend the making of regulations:
                                    1. the Minister's power under section 387 (regulations about imported food) to recommend the making of regulations:
                                      1. the Minister's power under section 388 (regulations about verification functions in relation to importers) to recommend the making of regulations:
                                        1. the Minister's power under section 389 (regulations about recognised agencies, persons, and classes of persons) to recommend the making of regulations:
                                          1. the Minister's power under section 390 (regulations about information) to recommend the making of regulations:
                                            1. the Minister's power under section 391 (regulations about offences) to recommend the making of regulations:
                                              1. the Minister's power under section 392 (regulations about administrative matters) to recommend the making of regulations:
                                                1. the Minister's power under section 393(1)(a) (regulations about definitions) to recommend the making of regulations declaring anything to be or not to be food:
                                                  1. the Minister's power under section 393(1)(b) (regulations about definitions) to recommend the making of regulations declaring a business to be or not to be a food business:
                                                    1. the Minister's power under section 394 (regulations for purposes of section 368) to recommend the making of regulations:
                                                      1. the Minister's power under section 395 (regulations about other matters) to recommend the making of regulations:
                                                        1. the Minister's power under section 404(1) (Minister may issue domestic food standards) to issue domestic food standards:
                                                          1. the Minister's responsibility under section 441 (consultation about proposed regulations) to consult before recommending the making of regulations under subpart 7 of Part 5.

                                                            1. The chief executive must consult about a proposal to exercise the power.

                                                            2. The chief executive must adopt a consultation procedure that includes, to the extent practicable in the circumstances,—

                                                            3. giving adequate and appropriate notice of the proposal to exercise the power; and
                                                              1. ensuring that notice is given to the persons or organisations that the chief executive considers representative of the interests of persons likely to be substantially affected by the exercise of the power; and
                                                                1. giving interested persons a reasonable opportunity to make submissions; and
                                                                  1. considering the submissions adequately and appropriately.

                                                                    1. The chief executive must advise the Minister of the results of the consultation.

                                                                    2. Before exercising the power, the Minister must—

                                                                    3. satisfy himself or herself that the chief executive has consulted as required by subsection (3); and
                                                                      1. take the results of the consultation into account.

                                                                        1. This section does not apply if the Minister considers it necessary or desirable in the public interest that the power be exercised urgently.

                                                                        2. Any regulations made on the recommendation of the Minister under the circumstances described in subsection (6) expire on the day that is 12 months after the date on which those regulations come into force.

                                                                        3. A failure to comply with this section does not affect the validity of the document resulting from the Minister's exercise of the power.

                                                                        4. This section does not apply to the Minister's power to issue an emergency notice under section 410.