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Food Act 2014

Miscellaneous provisions - Information and consultation requirements - Automated electronic systems

374: Arrangement for system

You could also call this:

"Setting up a computer system to help make food safety decisions"

The chief executive can set up an automated electronic system to do certain tasks that you are allowed or required to do under the Food Act 2014. These tasks include making decisions, carrying out duties, and exercising powers. The system can be used by the chief executive, food safety officers, and their assistants to do these tasks.

The chief executive can only set up this system if they are satisfied that it works reliably and that there is a process in place to review any decisions made by the system. This means that if you are affected by a decision made by the system, you can have it reviewed by a person without undue delay.

The system can include parts that are outside New Zealand. If the system will be collecting or using personal information, the chief executive must talk to the Privacy Commissioner about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087086.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesGovernment and voting > Government departmentsRights and equality > Privacy
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373: Disclosing information outside New Zealand: urgent action required, or

"Sharing important food information overseas in an emergency"

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375: Effect of use of system, or

"Using a computer system to follow the Food Act 2014 rules is okay if it does things correctly."

Part 5Miscellaneous provisions
Information and consultation requirements: Automated electronic systems

374Arrangement for system

  1. The chief executive may arrange for the use of an automated electronic system to do the actions described in subsection (2) that this Act or another enactment allows or requires the persons described in subsection (3) to do for the purposes of this Act.

  2. The actions are—

  3. exercising a power:
    1. carrying out a function:
      1. carrying out a duty:
        1. making a decision, including making a decision by—
          1. analysing information that a person described in subsection (3) holds or has access to about a person, goods, or craft; and
            1. applying criteria predetermined by the chief executive to the analysis:
            2. doing an action for the purpose of exercising a power, carrying out a function or duty, or making a decision:
              1. communicating the exercising of a power, carrying out of a function or duty, or making of a decision.

                1. The persons are—

                2. the chief executive:
                  1. food safety officers:
                    1. assistants of food safety officers.

                      1. The chief executive may make an arrangement only if satisfied that—

                      2. the system has the capacity to do the action with reasonable reliability; and
                        1. a process is available under which a person affected by an action done by the system can have the action reviewed by a person described in subsection (3) without undue delay.

                          1. A system used in accordance with an arrangement may include components outside New Zealand.

                          2. The chief executive must consult the Privacy Commissioner about including in an arrangement actions that involve the collection or use of personal information.