Plain language law

New Zealand law explained for everyone

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

141: Recognition of classes of persons

You could also call this:

"The boss can approve a group of people to do certain jobs if they are suitable and follow the rules."

Illustration for Food Act 2014

The chief executive can recognise a group of people to do certain jobs and activities. You might be part of a group that gets recognised if the chief executive thinks you can do the jobs and activities. The chief executive can decide to recognise a group of people after someone applies on their behalf, or without an application.

The chief executive must talk to the group and the person who applied about the recognition, and follow the rules in section 169. They must also be sure the group is suitable to do the jobs and activities they will be recognised for. When deciding if a group is suitable, the chief executive looks at things like whether the group can be clearly defined, and whether the members have similar qualifications and skills.

The chief executive also considers whether the group is supervised or regulated, and if they have to follow a code of ethics. They can look at other things that seem relevant too. If the chief executive recognises a group, they can exclude some members from the group if they think it is necessary, as explained in section 146.

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 It might be out of date or be missing some parts.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=DLM6087032.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
Previous

140: Recognition of certain persons without application, or

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

Next

142: Interrelationship between sections 135, 136, and 139 to 141, or

"How different parts of the law work together to recognise you"

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

141Recognition of classes of persons

  1. The chief executive may recognise a class of natural persons to carry out specified functions and activities.

  2. The chief executive may recognise a class of natural persons—

  3. on the application of any person who the chief executive is reasonably satisfied—
    1. represents that class of persons; or
      1. is an appropriate person to make an application on behalf of that class of persons; or
      2. without receiving an application.

        1. Before recognising a class of natural persons, the chief executive must—

        2. consult the members of the class and the applicant (if any) in accordance with section 169 about the application for recognition of the class; and
          1. be satisfied that the class is an appropriate class to carry out the permissible functions and activities for which the class is proposed to be recognised.

            1. In determining whether a class is an appropriate class, the chief executive—

            2. must take into account the following matters:
              1. whether the class can be defined with appropriate accuracy and specificity; and
                1. the degree to which members of the class share common characteristics (for example, qualifications, skills, and experience); and
                  1. the degree to which the ordinary qualifications, skills, functions, and activities of members of the class correspond with, and demonstrate adequate competency to carry out, the permissible functions and activities for which the class is proposed to be recognised; and
                    1. whether the class is supervised, regulated, governed, or controlled by or under a professional or regulatory body or system (for example, a disciplinary body or system), or an enactment; and
                      1. whether the class is subject to a code of ethics or standards of professional conduct to which members must adhere; and
                        1. any applicable requirements of this Act; and
                        2. may take into account any other matters that the chief executive considers relevant.

                          1. If the chief executive recognises a class of persons under this section, the chief executive may, if he or she considers on reasonable grounds that it is appropriate to do so, exclude 1 or more members of the class, or categories of members of the class, from the recognised class (see section 146).