Food Act 2014

Miscellaneous provisions - Transitional provisions - Post-commencement status of persons

435: Approved auditors under Food Act 1981

You could also call this:

"What happens if you were already an auditor under the old food law"

If you were approved as an auditor under the Food Act 1981, this section applies to you. You are considered a recognised person from the relevant appointed date until your appointment expires or until a date specified by the chief executive. The chief executive can issue a notice to extend this date.

If you want to keep being a recognised person, you need to apply under section 139. The chief executive can issue notices about this, and these notices are secondary legislation, which means they have to be published in a certain way, as explained in Part 3 of the Legislation Act 2019, unless the notice is only about one person.

The chief executive's notice can be extended, which means the date they specify can be changed to a later date. You will still be considered a recognised person until the new date or until your appointment expires, whichever comes first.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996602.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

434: Food business now covered, or

"New food businesses must follow the rules by the end of the transition period."

436: Agencies managing approved auditors under Food Act 1981, or

"Agencies that used to manage food auditors under the old food law"

Part 5Miscellaneous provisions
Transitional provisions: Post-commencement status of persons

435Approved auditors under Food Act 1981

This section applies to a person who, immediately before the relevant appointed date, has an approval under section 8ZV of the Food Act 1981.
The person is deemed to be a recognised person on and after the relevant appointed date until the expiry of the appointment (if any) or until a date specified by the chief executive in a notice, whichever is the earlier.
The chief executive may issue a subsequent notice extending the date specified in the notice under subsection (2).
A person to whom this section applies who wishes to be a recognised person must apply under section 139.
A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a specified individual.

Notes

Section 435(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).