This page summarises judgments under the Food Act 2014 and its predecessor, the Food Act 1981.
Prosecutions under the Food Act may occur when there is, for example:
Offence: Both companies recklessly possessed for sale or sold alcohol that had either no lot codes or not genuine lot codes (s 13, 232, 247). Golden Grand Trading also failed to register as an importer and failed to ensure alcohol was compliant (s 108, 110, 234, 240, 247).
Judgment: Golden Grand Trading Limited was convicted and fined $142,000. Mayajaal Holdings Limited was convicted and fined $102,000. Both companies were ordered to share costs of $36,000 for disposal of the alcohol.
Media release: Liquor importer and distributor fined $244,000
Offence: Failed to translate food allergen declarations into English; failed to comply with a requirement in an adopted joint food standard (s 243).
Judgment: Tokyo Food Company Limited was convicted and fined $21,000. Japan Mart 2014 Company Limited was convicted and fined $7,000.
Offence: Tofu products were sold under a direction to cease sale of products - failed to comply with a notice of direction (s 241).
Judgment: CBP Limited was convicted and fined $4,125.
Offence: Sharon Gertrude Rayner sold food without operating under a food control plan; failed to comply with the requirement to operate under a risk-based measure (s 28, 232); and failed to comply with direction (s 241).
Judgment: Sharon Gertrude Rayner was convicted and sentenced to 2 months' imprisonment.
Offence: Ace Health Limited and its managers (Wang, You) supplied bottles of spirits that had the lot codes removed or interfered with and imported and possessed non-compliant liquor for sale (s 110, 227, and 232).
Judgment: Ace Health Limited and its managers (Wang, You) were convicted and fined $151,200.
Media release: Liquor importers fined over $150,000
Offence: Foreign matter (plastic absorbent pad) was found in beef mince –- failed to ensure food was safe and suitable (s 14).
Judgment: Antara Group Limited was convicted and fined $4500.
Tauranga supermarket fined $4500 after selling mince contaminated with plastic – NZ Herald
Appeal: Anish Chand was not convicted for failing to comply with a food control plan (s 50). Auckland Council sought leave to appeal the decision.
Judgment: The application for leave to appeal was dismissed.
Link to Judgment – Ministry of Justice
Appeal: Bayer Limited sought declarations that their product, Berocca Forward, is not a Formulated Caffeinated Beverage.
Judgment: The Court of Appeal dismissed the appeal declaring that Berocca Forward is a Formulated Caffeinated Beverage (s 397).
Link to Judgment – Ministry of Justice
Offence: Sulphites and sulphur dioxide are not permitted to be added to raw meat – the company failed to comply with a requirement in a food standard (s 223 and 243).
Judgment: Diversity Foods Limited (Machi) was convicted and fined $10,000.
Media release: Company fined $10,000 for selling mince containing sulphites
Offence: Unsatisfactory levels of cleanliness and pest control – the company failed to comply with a food control plan (s 50, 224).
Judgment: U & S Chand Investments Limited was convicted and fined $45,000.
Auckland Council v U & S Chand Investments Ltd [2019] NZDC 26210 – District Court of New Zealand
Offence: Failed to declare allergens (milk) – failed to carry out duty to ensure food is safe and suitable (s 14, 240).
Judgment: Hellers Limited was convicted, fined $39,375, and ordered to pay $5,000 to each of the victims.
Ministry of Primary Industries v Hellers [2018] NZDC 27306 – District Court of New Zealand
Offence: Made false therapeutic claims about honey (s 243) and failed to register as an exporter (Animal Products Act 1999).
Judgment: Jonathan Paul Towers was convicted and fined a total of $26,300.
Media release: Not meeting honey rules cost Auckland businessman more than $26,000
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Jacks Wholesale Meats Limited was convicted and fined $5,000.
Appeal: Honey New Zealand (International) Limited argued that “Manuka Doctor” does not constitute as a health or therapeutic claim (s 11C).
Judgment: The Court of Appeal declared that the words "Manuka Doctor" does not constitute as a health or therapeutic claim.
Judgment – Ministry of Justice
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - the company failed to comply with any food standard (s 11O).
Judgment: R.C & B Enterprises Limited was convicted and fined $5,000.
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Waiuku Village Butchery was convicted and fined $5,000.
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - the company failed to comply with any food standard (s 11O).
Judgment: S & Q Investments Ltd was convicted and fined $700.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - the company failed to comply with any food standard (s 11O).
Judgment: Better Butchers of Mount Eden Limited was convicted and fined $500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Dahua Supermarket Central Limited was convicted and fined a total of $2750.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Mubeen Enterprises Limited was convicted and fined $1500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Triple 5 Trading Limited was convicted and fined $2500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Shefco Halal Meat Limited was convicted and fined $1000.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – there was a failure to comply with any food standard (s 11O).
Judgment: The director of Troy St Heliers Ltd was convicted and fined $1500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: MTW Trading Limited was convicted and fined $300.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Yes Development Limited was convicted and fined $1000.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - failed to comply with any food standard (s 11O).
Judgment: Younus Halal Meat & Spices Limited was convicted and fined $900.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Phou Brothers Limited was convicted and fined $2000.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Hua Town Limited was convicted and fined $2500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat – the company failed to comply with any food standard (s 11O).
Judgment: Mangere Meat Market Limited and its director was convicted and fined a total of $6750.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - they failed to comply with any food standard (s 11O).
Judgment: Rosey Group Limited and its director were convicted and fined a total of $4500.
Media release: Butchers prosecuted for use of sulphites in raw meat
Offence: Sulphur dioxide found in raw meat when sulphur and sulphur dioxide is prohibited in raw meat - there was a failure to comply with any food standard (s 11O).
Judgment: Kerry O'Reilly was convicted and fined $500.
Media release: Butchers prosecuted for use of sulphites in raw meat
MPI uses cookies to improve your experience on our site. By using our website, you accept our use of cookies.