Auckland Council v U & S Chand Investments Ltd [2019] NZDC 26210

Published 10 September 2020

Failing to comply with food plan — risk to lives and health of public — pest infestation — cockroach infestation — rotten food — R v Taueki [2005] 3 NZLR 372 — Auckland Council v Po Yuan Meadowlands Ltd [2018] NZDC 15961 — Auckland Council v Cook Brothers Bar Auckland Ltd [2019] NZDC 14158 — Auckland Council v Dieb & Dieb Mao Ltd [2019] 13456 — Food Act 2014, ss 50, 59, 224, 245, 268-273, 274 & 275. The defendant appeared for sentencing on a charge of failing to comply with a food plan and therefore posing a danger to public health and safety. The defendant business sold prepared and manufactured food directly to consumers. An inspection by food safety officers had found the defendant's premises unclean, with pest infestations and decaying food products on the premises, and had ordered the business to close. Two subsequent inspections had found food products with pest infestations. With reference to the likelihood, extent, and seriousness of the harm posed by the offending, as well as the number of breaches of the food plan, the Court found that the offending fell into the medium band of culpability established by the Court in the Cook Brothers decision. The start point for fine was $60,000, which was reduced to $45,000 because of the defendant's guilty plea. The Court also ordered costs of $130. Judgment Date: 20 December 2019.