Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - General provisions applying to bylaws made by a local authority

152A: Effect of Food Act 2014 on bylaws

You could also call this:

“Food safety rules are more important than local council rules”

The Food Act 2014 and its related documents are very important. These documents include the Act itself, its regulations, food standards, and notices. If a local council makes a rule (called a bylaw) that doesn’t agree with these documents, the Food Act and its related documents will be followed instead of the council’s rule.

If a council’s rule doesn’t match the Food Act or its related documents, the council must change or remove their rule. They don’t need to ask the public about this change, even if they usually would for other rule changes.

Councils are not allowed to make any rules that go against the Food Act or its related documents. This helps make sure that food safety rules are the same across New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6760000.

Topics:
Government and voting > Local councils
Health and wellbeing > Food and water safety
Previous

152: Effect of Building Act 2004 on bylaws, or

“Rules about buildings must follow the Building Act 2004”

Next

152B: Effect of Fire and Emergency New Zealand Act 2017 on bylaws, or

“Rules about fires can change without asking everyone”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: General provisions applying to bylaws made by a local authority

152AEffect of Food Act 2014 on bylaws

  1. This section applies to the following documents:

  2. the Food Act 2014:
    1. regulations under the Food Act 2014:
      1. adopted joint food standards under the Food Act 2014:
        1. domestic food standards under the Food Act 2014:
          1. notices under the Food Act 2014:
            1. directions given by the chief executive of the Ministry under the Food Act 2014.

              1. If a bylaw made by a council is inconsistent with a document,—

              2. the document prevails and the bylaw has no effect to the extent of the inconsistency; and
                1. the council must amend or revoke the bylaw to remove the inconsistency.

                  1. The council need not use the special consultative procedure set out in section 83 to amend or revoke the bylaw to remove the inconsistency, despite anything in this Act.

                  2. A council must not make a bylaw that is inconsistent with a document.

                  Notes
                  • Section 152A: inserted, on , by section 447 of the Food Act 2014 (2014 No 32).