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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Recognition of agencies, persons, and classes of persons

139: Recognition of persons

You could also call this:

"Who can be approved to do special food jobs under the Food Act 2014"

Illustration for Food Act 2014

The chief executive can recognise you to do certain jobs and activities if you apply. You have to be a natural person to apply. The chief executive will look at your application and decide.

Before the chief executive recognises you, they must think about whether you should work for a recognised agency to do some or all of the jobs you want to do, as stated in section 147(1). They also need to be sure you are a fit and proper person to do those jobs. This means they think you can do the work and are honest.

When deciding if you are a fit and proper person, the chief executive looks at things like how good you are at the jobs, if you have been convicted of anything, and what people think of you. They also think about whether you can make fair decisions and if you can follow the rules of the Food Act 2014. The chief executive can look at other things too, if they think they are important.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087030.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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138: Review of operation of section 137, or

"Checking if a food law is working properly and if it needs any changes"

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140: Recognition of certain persons without application, or

"Some people can be approved to do certain jobs without applying, like government workers."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Recognition of agencies, persons, and classes of persons

139Recognition of persons

  1. The chief executive may, on the application of a natural person, recognise that person to carry out specified functions and activities.

  2. Before recognising an applicant, the chief executive must—

  3. consider whether to impose a condition under section 147(1) requiring the applicant to be managed, employed, or engaged by a recognised agency to carry out some or all of the permissible functions and activities for which recognition is sought; and
    1. be satisfied that the applicant is a fit and proper person to carry out the permissible functions and activities for which recognition is sought.

      1. In determining whether an applicant is a fit and proper person, the chief executive—

      2. must take into account the following matters:
        1. the competency of the applicant to carry out the permissible functions and activities for which recognition is sought; and
          1. any specified conviction entered against the applicant; and
            1. the applicant’s character and reputation; and
              1. the applicant’s ability to maintain an appropriate degree of impartiality and independence in carrying out the permissible functions and activities for which recognition is sought; and
                1. any applicable requirements of this Act; and
                2. may take into account any other matters that the chief executive considers relevant.