Plain language law

New Zealand law explained for everyone

Food Act 2014

Miscellaneous provisions - Notices - Notices

410: Power to issue emergency notice

You could also call this:

"When there's a big food safety emergency, the Minister or chief executive can issue a special notice to help keep people safe."

The Minister or chief executive can issue an emergency notice if they think there is an urgent situation. You might be wondering what kind of situation would require an emergency notice - it would be one that could cause death or serious harm to someone. The Minister or chief executive must think the notice is necessary to stop or reduce the risk.

The Minister or chief executive can change the notice at any time, in the same way it was made. Before issuing the notice, they must talk to people they think are appropriate, such as those in government departments or the food industry. This is to make sure the notice is the best it can be to help in the urgent situation.

The Minister and chief executive cannot ask someone else to make the decision to issue an emergency notice for them. If they do issue a notice, or change one, it is considered secondary legislation, which has its own rules for publication, as outlined in Part 3 of the Legislation Act 2019.

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 It might be out of date or be missing some parts.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=DLM2996557.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesGovernment and voting > Emergency management
Previous

409: Application of Legislation Act 2012 to certain notices, or

"How a 2012 law applies to some food safety notices"

Next

411: Notification and duration of emergency notice, or

"What happens when the government issues an urgent food safety notice and how long it lasts"

Part 5Miscellaneous provisions
Notices: Notices

410Power to issue emergency notice

  1. The Minister or chief executive may issue an emergency notice if he or she considers that—

  2. an emergency or an urgent situation has arisen; and
    1. the emergency or the urgent situation creates a risk of death, or serious harm, to any person; and
      1. the emergency notice is necessary to alleviate or minimise the risk; and
        1. it is not practicable in the circumstances of the particular case for the chief executive to issue a notice under section 405.

          1. The notice may be amended at any time in the same manner as it was made.

          2. The person who proposes to issue an emergency notice, whether the Minister or the chief executive, must, before issuing it, consult about the content of the proposed notice anyone the person considers appropriate in a government department, Crown entity, territorial authority, representative group in the food industry, or representative groups in another industry or anyone else the person considers appropriate.

          3. Neither the Minister nor the chief executive may delegate the power in this section.

          4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

          5. an emergency notice under subsection (1):
            1. an amendment to a notice under subsection (2).

              Notes
              • Section 410(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).