Food Act 2014

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

145: Proposal to refuse application to recognise agency, person, or class of persons

You could also call this:

"When someone wants to stop your food safety application, they must tell you why and give you a chance to respond."

Illustration for Food Act 2014

If you apply to be recognised as an agency, person, or class of persons, the chief executive might refuse your application. The chief executive must talk to you about why they want to refuse your application, following the rules in section 169. They will tell you the reasons for the refusal and give you the information they used to make this decision.

When the chief executive tells you about the proposed refusal, they must explain why they are refusing your application and give you a copy of the information they used to make this decision. This information will help you understand the chief executive's decision.

If the chief executive decides to refuse your application, they will send you a written notice with their decision and the reasons for it. The notice will also tell you that you have the right to ask for a review of the decision under section 355.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087037.


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

145Proposal to refuse application to recognise agency, person, or class of persons

  1. If the chief executive proposes to refuse an application for recognition in whole or in part, the chief executive must consult the applicant in accordance with section 169 about the proposed refusal.

  2. The notification given to the applicant in accordance with section 169(a)(i) must—

  3. specify the grounds for proposing to refuse the application; and
    1. include a copy (or an adequate summary) of all material information the chief executive relies on in proposing to refuse the application.
      1. If the chief executive finally determines to refuse the application (in whole or in part), the chief executive must, as soon as practicable, give the applicant written notice of—

      2. the decision and the chief executive's reasons for it; and
        1. the applicant's right to seek a review of that decision under section 355.