Food Act 1981

Before its repeal, this Act was administered by: Ministry for Primary Industries
  • repealed
  • Food Act 1981: repealed, on 1 March 2016, by section 420(2) of the Food Act 2014 (2014 No 32).
14 Further provisions relating to seizure and detention of articles

(1)

If any officer or local authority inspector seizes any article under section 12 or section 13 in any premises or vehicle that is not in the occupation or use of the owner of the article, he shall forthwith give notice in writing of the seizure to the owner, or to the consignor or consignee, or to the agent of the owner, of the article, if his name and address are on or attached to the article or are otherwise known to the officer or inspector, and the address is that of a place in New Zealand.

(2)

Subject to subsection (3), where any article is—

(a)

ordered to be detained under paragraph (h) of subsection (2) of section 12; or

(b)

seized under paragraph (i) or paragraph (j) of that subsection; or

(c)

seized under section 13(1)(d),—

it may, at the option of the officer or local authority inspector concerned, be detained in the premises or vehicle where it was ordered to be detained or seized, or removed to another place and detained there, at the expense of the owner at the time of the order or seizure.

(3)

An officer or local authority inspector shall release any article seized or ordered by him to be detained under section 12 or section 13 when he is satisfied—

(a)

that all the provisions of this Act and of any regulations and food standards made under this Act, to the extent that they are material, have been complied with in respect of the article; and

(b)

that the article is fit for the purpose for which it is intended to be sold or used.

(4)

If, within the time limited by section 16(1), the seized article has not been released and no application for disallowance of that seizure has been made under that section or any such application has been dismissed, the article shall,—

(a)

in the case of a seizure by an officer, become the property of the Crown; or

(aa)
[Repealed]

(b)

in the case of a seizure by a local authority inspector, become the property of the corporation of the local authority in whose district he was employed at the time of the seizure;—

and, in either case, the owner of the article at the time of the seizure shall be liable for any costs or expenses incurred in the disposition of that article.

(5)

Without prejudice to the owner’s liability under subsections (2) and (4), where the article was, at the time of the seizure, in the possession of a person who was not the owner and the identity of the owner is not known to the officer or local authority inspector, the person in whose possession the article was at that time shall be liable for any costs and expenses incurred in the detention, removal, or disposition of that article.

(6)

If any article seized under section 12 or section 13 is not destroyed or otherwise disposed of under this section, it shall be returned to the person from whom it was seized when the officer or local authority inspector concerned is satisfied of the matters referred to in subsection (3).

Compare: 1969 No 7 s 21(5)–(8)

Section 14(3)(a): amended, on 1 July 1996, by section 12 of the Food Amendment Act 1996 (1996 No 41).

Section 14(4)(a): amended, on 1 October 2012, by section 253(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 14(4)(a): amended, on 1 July 2002, by Schedule 1 of the Food Amendment Act 2002 (2002 No 26).

Section 14(4)(aa): repealed, on 1 July 1993, by section 32 of the Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).