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Food Act 2014
Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences
Defences
258: Standard of proof for establishing defence

Part 1:
Preliminary provisions

Introduction

3Overview 4Purpose 5Application of Act 6Relationship between this Act and Animal Products Act 1999 and Wine Act 2003 7Act binds the Crown

Interpretation

Primary duty of persons who trade in food

14Primary duty of persons who trade in food

Regulatory roles

Principles for persons with regulatory roles under this Act

15Principles governing relationships between Minister, chief executive, and territorial authorities 16Principles to be applied in performing functions or duties, or exercising powers, under this Act

Outline of regulatory roles under this Act

17Role of Minister 18Role of chief executive 19Role of territorial authorities

Part 2:
Risk-based measures

General

Preliminary

20Overview of this Part

Classification of food sectors

21Classification of food sectors for purpose of assigning applicable risk-based measures 22Power to amend Schedules 1 to 3 by Order in Council

Application of risk-based measures

23Determining applicable risk-based measure for food businesses that come within food sectors not classified in Schedules 1 to 3 24Food business not subject to risk-based measure only because it imports food 25Determining applicable risk-based measure for food businesses that overlap 2 or more food sectors 26Operator of food business may choose to operate under food control plan even if food business is in food sector classified under lower level of risk 27Winemaker may apply for winemaking operations to be included under registered food control plan or national programme

Requirement to operate under applicable risk-based measure

28Requirement to operate under applicable risk-based measure 29Exception to section 28 30Where food control plan and national programme do not apply 31Exemption from food control plan and national programme if trading in food for certain fund-raising 32Exemption does not apply in prescribed circumstances 33Chief executive may grant exemption from requirement to operate under registered food control plan or national programme 34Chief executive may delegate functions, duties, or powers under section 33 to territorial authorities

Food control plans

Preliminary

35Purpose of this subpart

Food control plans

36Food control plan: general description 37Food control plan: coverage 38Food control plan: based on official template or model 39Food control plan: chief executive's power to issue official template or model 40Food control plan: chief executive's power to approve official template or model developed by third party 41Food control plan: form 42Food control plan: contents 43Regulations and notices about food control plans

Amendments to food control plans

44Chief executive's power to amend, replace, or revoke template or model issued under section 39 45Operator may amend food control plan based on template or model issued under section 39 or approved under section 40 46Operator may amend food control plan not based on official template or model 47Sections 53 to 57, 59, and 60 apply to applications for registration of amended food control plans

Requirement to register food control plans

48Food control plans must be registered

Other provisions relating to registered food control plans

49Requirements of Act to prevail in cases of inconsistency with registered food control plan

Duties of operators of registered food control plans

50Duties of operators of registered food control plans 51Operator of registered food control plan must notify registration authority of significant change in circumstances

Registration of food control plans

52Application for registration: who is appropriate registration authority 53Application for registration: form and content 54Registration authority may refuse to process application for registration 55Registration authority may require further information 56Criteria for registration of food control plan 57Refusal to register food control plan 58Applicants for registration must notify registration authority of significant change in circumstances 59Registration of food control plan 60Registration authority may impose conditions on registration of food control plan 61Duration of registration 61AClarity of food control plans not based on official template or model

Suspension of operations under registered food control plan

62Mandatory suspension 63Registration authority may extend mandatory suspension 64Voluntary suspension 65Effect of suspension

Removal of registration of food control plans

66Removal from public register 67Cancellation of registration 68Effective date of cancellation 69Effect of cancellation of registration 70Removal of food business from coverage of food control plan 71Surrender of registration 72Effective date of surrender

National programmes

Preliminary

73Purpose of this subpart

National programmes

74National programme: general description 75How national programme may be imposed 76Regulations and notices about national programmes 77National programme not invalid on certain grounds 78Requirements of national programme to prevail in cases of inconsistency with other regulations or notices made under this Act

Requirement for food businesses subject to national programme to register

79Food businesses subject to national programme must be registered

Duties of operators of food businesses subject to national programme

80Duties of operators of food businesses subject to national programme 81Operators of food businesses subject to national programme must notify registration authority of significant change in circumstances

Registration of food businesses subject to national programme

82Application for registration: who is appropriate registration authority 83Application for registration: form and content 84Registration authority may refuse to process application for registration 85Registration authority may require further information 86Criteria for registration of food business subject to national programme 87Refusal to register food business subject to national programme 88Registration of food business subject to national programme 89Registration authority may impose conditions on registration of food business

Suspension of operations of registered food business under national programme

90Mandatory suspension 91Registration authority may extend mandatory suspension 92Voluntary suspension 93Effect of suspension

Removal of registration of food business

94Removal from public register 95Cancellation of registration 96Effective date of cancellation 97Effect of cancellation of registration 98Surrender of registration 99Effective date of surrender

Monitoring programmes

100Purpose of this subpart 101Monitoring programme: general description 102Monitoring programme: scope 103Regulations and notices about monitoring programmes 104Chief executive may specify certain matters by notice 105Monitoring programme not invalid on certain grounds

Part 3:
Food imported for purpose of sale

Preliminary

106Purpose of this Part 107Interpretation 108Restriction on importation of food for purpose of sale 109Food clearance

Duties of importers and registered importers

110Duties of importer 111Duty of registered importer

Registration of importers

112Who must be registered 113Application for registration 114Chief executive may refuse to process application for registration 115Chief executive may require further information 116Criteria for approval of application for registration 117Refusal to register 118Registration 119Duration of registration 120Registration may not be transferred 121Registered importers must notify chief executive of significant change in circumstances

Suspension of registered importer’s operations

122Mandatory suspension 123Chief executive may extend mandatory suspension 124Voluntary suspension 125Effect of suspension

Removal of importer’s registration

126Removal from public register 127Cancellation of registration 128Effective date of cancellation 129Effect of cancellation of registration 130Surrender of registration 131Effective date of surrender

Provisions relating to border information supplied using JBMS

132Border information supplied using JBMS must be supplied in approved form and manner 133Duty to use JBMS to supply border information

Part 3A:
Tracing, recall, and verification

Tracing and recall

133AApplication of this subpart 133BTracing and recall 133CRegulations and notices relating to tracing and recall of food

Verification

133DApplication 133EVerification 133FRegulations and notices relating to verification

Part 4:
Provisions relating to recognition, territorial authorities, administration, and enforcement

Recognised agencies, persons, and classes of persons

134Outline of this subpart

Recognition of agencies, persons, and classes of persons

135Recognition of agencies 136Recognition of certain agencies without application 137Recognition of territorial authorities for certain verification functions and activities 138Review of operation of section 137 139Recognition of persons 140Recognition of certain persons without application 141Recognition of classes of persons 142Interrelationship between sections 135, 136, and 139 to 141

Recognition process

143Application for recognition 144Chief executive may require further information 145Proposal to refuse application to recognise agency, person, or class of persons 146Proposal to exclude members, or categories of members, from recognition of class 147Chief executive may impose or vary conditions of recognition 148Grant of recognition 149Scope, effect, and transfer of recognition 150Duration of recognition 151Renewal of recognition before expiry 152Application for renewal of recognition 153Substituted notice of recognition 154Ongoing recognition fees, charges, or levies

Performance of specified functions and activities

155Duties of recognised agencies 156Duties of recognised persons 157Recognised agency or person may act in other capacities 157ARecognised agency and recognised person accountable to chief executive

Suspension of recognition

158Suspension of recognition of recognised agency, etc 159Chief executive may extend suspension 160Method of suspension of recognition 161Suspension does not limit other actions

Withdrawal of recognition

162Withdrawal of recognition of recognised agency or recognised person 163Withdrawal of recognition of recognised class 164Method of withdrawal of recognition

Surrender of recognition

165Surrender of recognition 166Effective date of surrender

Removal of registration of recognised agencies, recognised persons, and recognised classes

167Removal from public register

Miscellaneous matters

168Notification to category or class of persons 169Means of consultation 170Chief executive may require notification of termination of contracts 171Chief executive must consider exemption, waiver, or refund of fees 172Liability for loss

Territorial authorities

Functions and duties of territorial authorities

173Functions of territorial authority 174Duties of territorial authority

National outcomes for territorial authorities

175Minister may issue national outcomes for territorial authorities

Transfer of territorial authority's functions, duties, and powers to another territorial authority or regional council

176Transfer of functions, duties, and powers to territorial authority or regional council 177Effect of transfer to territorial authority or regional council 178Records of transfer

Transfer of territorial authority's functions, duties, and powers to chief executive

179Transfer of functions, duties, and powers to chief executive 180Transfer agreement 181Effect of transfer to chief executive 182Change, revocation, or relinquishment of transfer 183Records of transfer, change, etc

Monitoring performance of functions and duties, and exercise of powers, by territorial authorities

184Powers of chief executive for monitoring performance of functions and duties and exercise of powers

Review of territorial authorities

185Reviews initiated by Minister 186Terms of reference 187Minister to consult on terms of reference 188Appointment of person to conduct review 189Powers of reviewer 190Conduct of review 191Report of review 192Part 10 of Local Government Act 2002 not affected

Non-performance by territorial authority

193Powers of Minister in relation to non-performance by territorial authority 194Requirements for appointment 195Effect of appointment 196Duration of appointment 197Costs, charges, and expenses incurred

Cost recovery

198Principles of cost recovery 199Methods of cost recovery 200Territorial authority responsible for collection 201Cost recovery to relate generally to financial year 202Three-yearly review of cost recovery 203Regulations about fees, charges, and levies 204Regulations may impose fees and charges 205Territorial authority to set fees 206Regulations may prescribe methodology or framework for fee fixing 207Regulations may impose levies 208Regulations may provide for exemptions, waivers, and refunds 209Trust accounts required to be kept by persons collecting levies 210Other charges not requiring to be prescribed 211Fees, charges, and levies to constitute debt 212Penalties for failure to pay fee, charge, or levy 213Dispute does not suspend obligation to pay fee, charge, levy, or penalty 214Levy regulations are confirmable instruments

Payment of statutory debt

215Penalty for failure to pay statutory fees, etc 216Waiver of penalty 217Services may be withdrawn until debt paid

Offences

Infringement offences

218Proceedings for infringement notices 219Issue and cancellation of infringement notices 220Form of infringement notice 221Payment of infringement fees

Offences

Liability for offences

245Liability of body corporate 246Liability of body corporate, principal, or individual 247Liability of director or manager of body corporate 248Parties to offences 249Defences for liability arising under section 246 or 248

Provisions about charging documents

250Charging documents

Defences

251Defence in prosecution for strict liability offence, except advertising offence 252Defences in prosecution for advertising offence 253Defences in prosecution for selling non-complying food 254Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee 255Defence in prosecution of importer, producer, processor and handler, manufacturing rights owner, or packer 256Employees and agents have same defences 257Prosecutor to be notified of defences 258Standard of proof for establishing defence

Evidence

259Evidence of requirement of this Act 260Evidence of person’s documents 261Evidence of testing 262Evidence of office

Presumptions

263Application of sections 264 to 267 264Presumption as to contents and label 265Presumption as to possession for sale 266Presumption as to sample 267Presumption as to electronic identification

Sentencing

268Application of sections 269 to 273 269Order to pay amount because of commercial gain 270Order to pay expenses 271Order to forfeit and dispose of food or food-related accessory 272Order to withdraw material 273Order to restrict or prohibit trading in food 274Sentencing criteria 275Fines or amounts to be paid to prosecuting territorial authority

Powers and enforcement

Appointments by chief executive

276Appoint food safety officers 277Suspend or cancel appointments of food safety officers

Directions by chief executive

278Give general directions on functions, duties, or powers 279Give directions on seized imported food or food-related accessory 280Persons to whom directions may be given under sections 281 to 286 281Give general directions to operators and other persons required to comply with Act 282Give directions to complete and supply declarations 283Give directions to impose movement or related controls 284Give directions to recall food or food-related accessory 285Give directions to manage food or food-related accessory 286Give directions to publish statement 287Supplementary provisions about directions under sections 281 to 286 288Service of directions under sections 281 to 286

Statements by chief executive

289Publish privileged statements 290Give statement about compliance with New Zealand requirements

Approvals by chief executive

291Approvals by chief executive

Information collection by chief executive

292Chief executive may require information from operator to determine safety and suitability of food 292AChief executive may require information to determine safety of food 293Require production of information if reasonable belief that requirement of this Act has been breached

Rights of access of verifiers, verification agencies, recognised persons, and recognised agencies

294Rights of access and related powers and duties of verifiers and verification agencies 295Rights of access and related powers and duties of recognised persons and recognised agencies

Powers and duties of food safety officers

296Powers in sections 292 and 293 exercisable by food safety officers 297Power to ask for assistance 298Purposes of powers in sections 296, 299 to 308, and 310 to 312 299Powers to facilitate entry, search, and seizure 300Information powers and evidence gathering 301Powers of examination, identification, and rectification, and associated detention powers 302Power to issue improvement notice 303Review of improvement notice 304Powers to take, purchase, and sample 305Power to interrupt operations and give certain directions 306Powers to seize, condemn, and require disposal 307Power to restrict use of or close place 308Other powers 309Means of exercising powers in sections 299 to 308 310Powers to enter 311Power to enter without search warrant 312Power to test samples of food or examples of food-related accessories 313Duties relating to imported consignments 314Detaining food or food-related accessory seized 315Exporting or returning imported food or food-related accessory that has been detained 316Releasing food or food-related accessory that has been detained 317Application to District Court for return of seized food or food-related accessory 318District Court may order return of seized food or food-related accessory 319Food or food-related accessory unable to be released 320Reasonable belief by food safety officer 321Matters may be continued by different food safety officer

Search warrants

322Application for search warrant 323Issue of search warrant 324Who can execute search warrant 325Use of copy of search warrant 326Powers under search warrant 327Carrying out search powers 328Disposal of property seized under search warrant 329Retention of documents

Compliance orders

330Meaning of compliance order 331Application for compliance order 332Notification of application 333Right to be heard on application 334Decision on application 335Interim compliance orders 336Form and content of interim compliance order or compliance order 337Change or cancellation of interim compliance order or compliance order 338Compliance with interim compliance order or compliance order 339Appeals to High Court 340Appeals to Court of Appeal or Supreme Court 341Effect of appeal 342Rules of court

Part 5:
Miscellaneous provisions

Exemptions

Exemption from application of this Act generally

343Exemption by Order in Council from application of this Act generally 344When Minister may recommend exemption under section 343

Exemptions for certain exports

345Exemption by Order in Council for certain exports 346When Minister may recommend exemption under section 345 347Exemption by chief executive 348Relationship between sections 345 and 347 and Animal Products Act 1999

Other exemptions

349Exemption for certain persons covered by Animal Products Act 1999 350Exemption for certain persons covered by Wine Act 2003

Immunity, delegation, and review provisions

Protection from civil and criminal liability

351Protection from civil and criminal liability 352Immunity of food donors

Delegation

353Chief executive may delegate

Review of decisions

354Application of sections 355 to 360 355Application for review 356Requirements for application for review 357Procedure for review of decision by chief executive or chief executive's delegate 358Procedure for review of decision by relevant territorial authority 359Effect of review 360Reviewer may require payment of costs in review of decision by relevant territorial authority 361Chief executive must enter outcome of review decisions in public register

Appeals against review decisions

362Appeal to District Court against review decision 363Procedure for appeal

Further appeals

364Appeal to High Court on question of law 365Further appeals to Court of Appeal or Supreme Court 366Review decision to continue in force pending appeal

Information and consultation requirements

Collecting, keeping, and disclosing information

367Collecting and keeping information 368Disclosing information inside New Zealand: application of section 369 369Disclosing information inside New Zealand: rules 370Disclosing information outside New Zealand: rules 371Disclosing information outside New Zealand: under agreement 372Variation and review of agreement 373Disclosing information outside New Zealand: urgent action required

Automated electronic systems

374Arrangement for system 375Effect of use of system

Notifying persons of information

376Notification to Minister, chief executive, territorial authority, or food safety officer 377Notification to other persons who assist in administration of Act 378Notification to other persons

Consultation

379Consultation: Minister’s powers 380Consultation: chief executive’s powers

Regulations

Regulations about core provisions

381Regulations: what they can apply to and what they can do 382Regulations: how they apply to stock in trade 383Regulations and notices about standards in relation to food 384Regulations and notices about risk-based measures and related matters 385Regulations and notices about grading schemes 386Regulations about approved documents, materials, or facilities, or persons or classes of persons 387Regulations and notices about imported food 388Regulations about verification functions in relation to importers 389Regulations and notices about recognised agencies, persons, and classes of persons 390Regulations and notices about information 391Regulations about offences 392Regulations about administrative matters

Regulations about other matters

393Regulations about definitions 394Regulations for purposes of section 368 395Regulations and notices about other matters

Food standards

Adopted joint food standards

396Purpose of sections 397 to 401 397Minister may adopt joint food standards 398Issue, notification, and availability of adopted joint food standards 399Adoption of joint food standard is not incorporation by reference 400Amendment and revocation of adopted joint food standards 401Minister must not delegate power to adopt joint food standards 402Proof of adopted joint food standards

Domestic food standards

403Purpose of section 404 404Minister may issue domestic food standards

Notices

405Notices 406Notices relating to specifications or requirements for specific matters 407Notices: consultation 408Notices: publication 409Application of Legislation Act 2012 to certain notices 410Power to issue emergency notice 411Notification and duration of emergency notice 412Emergency notice prevails

Transitional provisions

Preliminary

413Overview of transitional provisions 414Interpretation 415Meaning of Act's introductory period 416Meaning of authorised transition period 417Regulations extending end date of Act's introductory period 418Regulations specifying or extending end date of authorised transition period

Early commencement

419Early commencement food safety officers

Pre-commencement

420Pre-commencement legislative requirements: Food Act 1981 and regulations 421Pre-commencement standards 422Pre-commencement food 423Pre-commencement consultation 424Pre-commencement food safety officers 425Pre-commencement offences

Transition to new requirements

426New legislative requirements 427Notices during authorised transition period 428Statements about food produced or processed and handled under Food Act 1981 429New food safety officers

Deemed food control plans

430Pre-commencement registered food safety programme 431Pre-commencement application for exemption under Food Act 1981 432Deemed food control plans under sections 430 and 431 433Duration of deemed food control plans under sections 430 and 431

Post-commencement status of food businesses not previously covered by food legislation

434Food business now covered

Post-commencement status of persons

435Approved auditors under Food Act 1981 436Agencies managing approved auditors under Food Act 1981 437Notices about approved auditors and agencies 438Importers listed for purposes of Food Act 1981

Transitional regulations

439Regulations about transitional matters 440Regulations about cost recovery 441Consultation about proposed regulations

Notice requirements

442Requirements for notices issued by chief executive

Miscellaneous

Public registers

443Further provisions for public registers are in Schedule 5

Consolidation of secondary legislation or published instruments

443ACertain secondary legislation or published instruments may be consolidated

Incorporation by reference

444Material incorporated by reference 445References to standard works

Other enactments

446Relationship with local authority bylaws

Consequential provisions

447Consequential amendments and repeals and revocations

Schedule 1:
Food sectors subject to food control plans

Schedule 2:
Food sectors subject to national programmes

Schedule 3:
Food sectors not required to operate under food control plan or national programme

Schedule 4:
Miscellaneous provisions relating to registrations

Schedule 5:
Public registers

Schedule 6:
Material incorporated by reference

Schedule 7:
Consequential amendments, repeals, and revocations

Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Defences

258: Standard of proof for establishing defence

You could also call this:

"Proving you're not guilty: showing it's probably true you didn't do it"

When you want to prove you are not guilty of a food offence, you need to show that it is more likely than not that you are telling the truth. This is called the balance of probabilities, and it is the standard you must meet to establish a defence under this Part of the Food Act 2014. You must prove your defence is probably true to be found not guilty of the offence.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087083.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

257: Prosecutor to be notified of defences, or

"Tell the prosecutor in writing if you want to use a defence in court"

259: Evidence of requirement of this Act, or

"Proof of food rules: what documents can be used in court"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Defences

258Standard of proof for establishing defence

The standard of proof for establishing a defence provided by this Part for an offence against this Act is the balance of probabilities.

Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Defences

258: Standard of proof for establishing defence

"Proving you're not guilty: showing it's probably true you didn't do it"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcementOffences: Defences

258Standard of proof for establishing defence

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Defences