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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Territorial authorities - Functions and duties of territorial authorities

173: Functions of territorial authority

You could also call this:

"What jobs do local councils do to keep food safe?"

A territorial authority has many jobs, including managing its staff and training them to work with food safety. You will see them checking if food businesses are following the rules and investigating if someone complains about food safety. They also have to make sure people know about food recalls and emergencies, and give advice on how to keep food safe.

The territorial authority has to gather information, receive applications from food businesses, and send information to the Ministry. If asked, they have to report to the chief executive under section 184(1)(b). They monitor food businesses in their area to make sure they are following the rules.

A territorial authority can work with other authorities to do some of these jobs, but they cannot contract out certain jobs to just anyone. If they do contract out a job, they are still responsible for making sure it gets done. They have to keep their community safe by performing all their jobs, including giving information and advice about food safety.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996278.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesGovernment and voting > Local councils
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Functions and duties of territorial authorities

173Functions of territorial authority

  1. A territorial authority has the following functions:

  2. to perform the function of a registration authority:
    1. to manage and train its staff to carry out functions and activities in relation to this Act:
      1. to manage verification functions (including acting as a recognised agency) in relation to certain food control plans and national programmes, and as otherwise provided for under this Act:
        1. to investigate non-compliance and complaints regarding the safety and suitability of food in relation to food control plans or, as the case may be, food businesses subject to national programmes registered by the territorial authority, or to investigate any other matters:
          1. to instigate appropriate corrective and preventative actions for matters described in paragraph (d):
            1. to enable its food safety officers to enforce the applicable requirements of this Act:
              1. to respond to recalls and to respond in an emergency situation:
                1. to disseminate information and provide advice promoting the safety and suitability of food to food businesses and the public:
                  1. to perform administrative functions relating to this Act, including—
                    1. gathering information:
                      1. receiving applications for registration of food control plans and of food businesses subject to national programmes:
                        1. transferring information to the Ministry:
                          1. if requested under section 184(1)(b), reporting to the chief executive:
                          2. in relation to its district, to carry out monitoring and information-gathering activities for the purpose of ascertaining compliance with the applicable requirements of this Act:
                            1. to perform any other function relevant to its role.

                              1. A territorial authority may, by written agreement, combine with 1 or more other territorial authorities for the purpose of performing the function of a registration authority referred to in subsection (1)(a) in the combined district of the territorial authorities that are parties to the agreement.

                              2. If 2 or more territorial authorities have combined under subsection (2), they may designate any of them as the territorial authority responsible for performing the function of a registration authority for the combined district.

                              3. A territorial authority may not contract out any of the following functions, except to another territorial authority:

                              4. the function of a recognised agency; and
                                1. any of the functions referred to in subsection (1)(a) and (d) to (h).

                                  1. A territorial authority may not contract out the function referred to in subsection (1)(c) to a person who is not recognised to carry out that function under this Act.

                                  2. If a territorial authority contracts out 1 or more of its functions, it continues to have responsibility for that function.