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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Powers and duties of food safety officers

303: Review of improvement notice

You could also call this:

"What to do if you get a notice to fix a food safety problem and want it reviewed"

Illustration for Food Act 2014

If you get an improvement notice, you can ask for it to be reviewed. This notice is given to you under section 302. When you ask for a review, some other parts of the law apply, like sections 355(2) to (4), 356(1) and (3), 358, and 359.

These parts of the law are used in a slightly different way when reviewing an improvement notice. The improvement notice is treated like a decision described in section 354(4). Any mentions of a notice of decision are read as if they were talking about the improvement notice.

The chief executive can also decide to review an improvement notice without you asking for it. When this happens, sections 358 and 359 are used, with some changes. The improvement notice is treated like a decision described in section 354(4).

Nothing in section 358(4) can make you say something that might get you in trouble. You still have the right to stay quiet if you think something might incriminate you.

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Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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302: Power to issue improvement notice, or

"What happens if you get a notice to fix a food safety problem"

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Powers and duties of food safety officers

303Review of improvement notice

  1. A person to whom an improvement notice is issued under section 302 may apply to have it reviewed.

  2. For the purposes of subsection (1), sections 355(2) to (4), 356(1) and (3), 358, and 359 apply to an improvement notice, subject to the following modifications:

  3. the improvement notice must be treated as if it were a decision described in section 354(4); and
    1. any references in those sections to the notice of the decision must be read as if they were references to the improvement notice; and
      1. any references in those sections to the relevant territorial authority must be read as if they were references to the food safety officer who issued the improvement notice (the issuing officer); and
        1. any references in those sections to the chief executive must be read as if they were references to—
          1. the territorial authority that employs, or has engaged, the issuing officer, if that issuing officer is employed or engaged by a territorial authority; or
            1. the chief executive, if the issuing officer is employed or engaged by the chief executive; and
            2. any references to the Ministry must be read as if they were references to—
              1. the territorial authority that employs, or has engaged, the issuing officer, if that issuing officer is employed or engaged by a territorial authority; or
                1. the Ministry, if the issuing officer is employed or engaged by the chief executive.

                2. The chief executive may initiate a review of a food safety officer's decision to issue an improvement notice on his or her initiative and without an application for review being made under subsection (1).

                3. For the purposes of subsection (3), sections 358 and 359 apply to the improvement notice, subject to the following modifications:

                4. the improvement notice must be treated as if it were a decision described in section 354(4); and
                  1. any references in those sections to the chief executive must be read as if they were references to—
                    1. the territorial authority that employs, or has engaged, the issuing officer, if that issuing officer is employed or engaged by a territorial authority; or
                      1. the chief executive, if the issuing officer is employed or engaged by the chief executive; and
                      2. any references to the Ministry must be read as if they were references to—
                        1. the territorial authority that employs, or has engaged, the issuing officer, if that issuing officer is employed or engaged by a territorial authority; or
                          1. the Ministry, if the issuing officer is employed or engaged by the chief executive.

                          2. Nothing in section 358(4) (as applied by subsection (2) or (4)) limits or affects the privilege against self-incrimination.