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Food Act 2014

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

146: Proposal to exclude members, or categories of members, from recognition of class

You could also call this:

"When can some people be left out of a food safety group and what happens next?"

Illustration for Food Act 2014

If the chief executive wants to exclude some people from a class, you are told that they must talk to those people and the person who applied. The chief executive must do this in a way that follows the rules in section 169. The chief executive gives you notice and it must say why they want to exclude you. It must also include a copy of the information they used to make this decision.

When the chief executive makes a final decision to exclude you, they must tell you in writing as soon as they can. They must tell you their decision and why they made it. They must also tell you that you can ask for a review of their decision under section 355. You are given this information so you know what to do next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087038.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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145: Proposal to refuse application to recognise agency, person, or class of persons, or

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147: Chief executive may impose or vary conditions of recognition, or

"The boss can add or change rules for people or groups recognised under the Food Act."

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

146Proposal to exclude members, or categories of members, from recognition of class

  1. If the chief executive proposes to exclude any members, or categories of members, from the recognition of a class, the chief executive must consult those members and the applicant (if any) in accordance with section 169 about the exclusion of the members.

  2. The notification given to the members and the applicant (if any) in accordance with section 169(a) must—

  3. specify the grounds for proposing to exclude the members; and
    1. include a copy (or an adequate summary) of all material information the chief executive relies on in proposing to exclude the members.

      1. If the chief executive finally determines to exclude any members, or categories of members, from the recognition of a class, the chief executive must, as soon as practicable, give those members and the applicant (if any) written notice of—

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